Winter Session of Parliament: New criminal laws, other key legislations to watch out for

Parliament Winter Session 2023 LIVE: The Rajya Sabha on December 4 passed the Post Office Bill, 2023 to replace the Indian Post Office Act.

The winter session of parliament, which commenced on December 4, will see both Lok Sabha and Rajya Sabha sit for 15 sessions over 19 days. This session is expected to be interesting as it begins on the eve of the declaration of assembly poll results in Madhya Pradesh, Rajasthan, Chhattisgarh, Telangana, and Mizoram. The session will also be important for both the ruling party and the opposition as it is the second last parliamentary session ahead of the general elections, which are to be held in 2024.

The government tentatively listed 19 items of Legislative Business and two items of Financial Business for consideration during the winter session.

The first bill that was passed in the Lower House of Parliament today was one that aims to regulate the legal profession by a single Act and seeks to target "touts". Union Law Minister Arjun Ram Meghwal said there should be no role for such persons in the country's courts. The Bill was already cleared by the Rajya Sabha in the Monsoon session.

The Rajya Sabha passed the Post Office Bill, 2023 that seeks to repeal the 125-year-old Indian Post Office Act and consolidate and amend the law relating to post offices in the country. As per the proposed legislation, "the central government may, by notification, empower any officer to intercept, open or detain any item in the interest of the security of the State, friendly relations with foreign states, public order, emergency or public safety, or upon the occurrence of any contravention of any of the provisions of any law for the time being in force".

Legislations listed for deliberation include the three new criminal laws, the national capital territory of Delhi special provisions, the chief election commissioner bill and the amendments to Jammu and Kashmir reorganisation.

Moneycontrol explains what these bills are about and what kind of impact they are likely to have.

The three new criminal laws

On the last day of the monsoon session of the parliament, Home Minister Amit Shah introduced the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya bills as proposed replacements for the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. Shah noted that these laws are aimed at drastically reducing delays and pendency in the criminal justice system.

Experts have opined that these laws will mark the biggest reform in the criminal justice system since India attained Independence in 1947. Many provisions of the IPC were considered to have been enacted to suit Victorian sensibilities. The courts had to intervene regularly to ensure that the law was updated to keep up with societal and technological advancements.
For instance, the Supreme Court struck down provisions of the IPC that made homosexuality and adultery punishable offences. The Evidence Act had to be updated to make electronic evidence admissible in the courts of law.

Similarly, Shah told the parliament that sedition which is an offence under the existing law will be repealed as a whole. Sedition punishes those who bring or attempt to bring hatred or contempt against the government. The SC put the provision of the law on hold in May 2022 and is expected to hear challenges to the constitutional validity of the law.

The Election Commissioners Bill

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (elections commissioners bill) is aimed at granting legislative sanction to the process of appointment of the chief election commissioner and other election commissioners.

According to the bill, the candidates for top posts in the election commission will be chosen by a selection panel comprising the Prime Minister, the leader of the Opposition in Lok Sabha and a Union Cabinet minister nominated by the PM. Furthermore, the bill places the chief election commissioner's terms of service similar to that of a cabinet secretary, whereas earlier they were on the rank of a Supreme Court judge.

This bill comes closely on the heels of a Supreme Court decision in March 2023 which directed the government to include the Chief Justice of India in the search panel. The bill overcomes SC’s judgment and does not contemplate including the Chief Justice of India on the panel.

Amendments to Jammu and Kashmir Reorganisation Act:

The bill intends to amend the Jammu and Kashmir Reorganisation Act 2019 by increasing the number of seats in the assembly from 107 to 114. Furthermore, the bill offers 9 seats to the scheduled caste and scheduled tribe communities in the state.

It further empowers the Lieutenant Governor (LG) of the Union territory to nominate two persons from the Kashmiri migrant community to the assembly, of which one must be a woman. The LG is also empowered to nominate a displaced person from Kashmir from the area of Pakistan Occupied Kashmir (PoK). The seats were increased based on a delimitation exercise carried out by the election commission over the last three years. The government also proposes to amend the SC, ST and reservation bills to achieve this target.

Women's reservation in Union Territories

The government has listed bills seeking to amend the Union Territories Act and the Act pertaining to the reorganisation of Jammu and Kashmir. These bills seek to extend the provisions of the women's reservation law in the Union Territories (UTs) of Puducherry and Jammu and Kashmir. On December 2, law minister Arjun Ram Meghwal said that since there is a provision in the Constitution, Delhi — also a UT — was included in the women's reservation bill passed by Parliament in September. However, there is no provision as yet to extend the provisions of the law in the UTs of Jammu and Kashmir and Puducherry.

These bills will weave in the provisions pertaining to women’s reservation in the laws that govern UTs. In September 2023, during a special session of the parliament, the government introduced the women’s reservation bill that provides 33 percent reservation for women in Lok Sabha and state assemblies. This reservation would also apply to seats reserved for SC and ST communities. The bill also recommends maintaining this reservation for 15 years, with seats designated for women subject to rotation after each delimitation exercise.

Other key legislations listed for deliberation

Laws such as the Second Amendment to Central Goods and Services Tax (GST), Post Office Bill, Boilers Bill, and National Capital Territory (NCT) of Delhi Special Laws Bill have also been listed for deliberation. The first of CGST amendments specified instances of tax involved in betting, casinos, horse racing, lottery, gambling, or online money gaming.

The NCT of Delhi Special Laws provides for strategies of housing for the urban poor and the informal sector, more specifically relocation of slum dwellers, and regularising unauthorised colonies, among others. The validity of this law is extended every three years, and the last extension was passed by the parliament in December 2020.