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The Winter Session of Parliament closed sine die on Wednesday. A total of 13 bills were introduced during the winter session out of which 11 were passed. Following are some of the important bills passed by both houses of the parliament:
The Bill repealed the three controversial farm laws passed by Parliament in September 2020. These are: (i) the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, (ii) the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, and (iii) the Essential Commodities (Amendment) Act, 2020. These laws were enacted to: (i) provide a framework for contract farming, (ii) facilitate barrier-free trade of farmers’ produce outside the markets notified under the various state Agricultural Produce Marketing Committee (APMC) laws, and (iii) regulate the supply of certain food items (such as cereals, pulses, and onions) only under extraordinary circumstances such as war, famine, and extraordinary price rise. Note that, in January 2021, the Supreme Court had stayed the implementation of the three farm laws.
This bill was first introduced in Lok Sabha on September 14, 2020. The Bill seeks to provide for the regulation of Assisted Reproductive Technology services in the country. The Bill defines ART to include all techniques that seek to obtain a pregnancy by handling the sperm or the oocyte (immature egg cell) outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.
The Bill was introduced in Lok Sabha on July 15, 2019. The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple. The Bill prohibits commercial surrogacy, but allows altruistic surrogacy. Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy. Notably, the Bill only allows Indian couples married for a minimum period of 5 years to opt for the process. The couple also needs a certificate of proven infertility of one or both members of the intending couple from a District Medical Board.
The Bill was introduced in Lok Sabha on March 15, 2021. It seeks to amend the National Institute of Pharmaceutical Education and Research Act, 1998. An Institution of National Importance refers to an autonomous institute established under an Act, with the power to hold examinations, grant degrees, diplomas and other academic distinctions or titles. The Bill declares six additional National Institute of Pharmaceutical Education and Research as Institutions of National Importance. These institutes are located in: (i) Ahmedabad, (ii) Hajipur, (iii) Hyderabad, (iv) Kolkata, (v) Guwahati, and (vi) Raebareli. The Bill provides for a Council to coordinate the activities among the institutes under the Bill to ensure development of pharmaceutical education and research and maintenance of standards.
Under the standing law, all retired judges of the Supreme Court and High Courts and their family members are entitled to pension or family pension. They are also entitled to an additional quantum of pension or family pension when they attain a certain age in accordance with a specified scale. The scale contains five age brackets (with minimum age of 80, 85, 90, 95, and 100 years), and the additional quantum increases with age (from 20% to 100% of the pension or family pension). The Bill clarifies that a person will be entitled to the additional pension or family pension from the first day of the month in which they complete the minimum age under the concerned age bracket.
Under the original law, the Director of the Delhi Special Police Establishment (Central Bureau of Investigation) has a tenure of minimum two years. The Bill permits extension of the tenure by up to one year at a time, till the completion of five years from the initial date of appointment. Such extensions may be granted in public interest, on the recommendation of the Committee.
The Bill seeks to amend the Central Vigilance Commission Act, 2003. The 2003 Act provides for the constitution of a Central Vigilance Commission to conduct inquiries into offences alleged to have been committed under the Prevention of Corruption Act, 1988. Under the 2003 Act, the Director of Enforcement has a tenure of minimum two years. The Bill adds that the tenure of the Director may be extended by up to one year at a time, till the completion of five years from the initial appointment. Such extensions may be granted in public interest, on the recommendation of the Committee.
The Bill seeks to replace the Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021. Under the Act, financing certain illicit activities (such as cultivating cannabis or manufacturing narcotic drugs) or harbouring persons engaged in them is an offence. Persons found guilty of this offence will be punished with rigorous imprisonment of at least ten years (extendable up to 20 years) and a fine of at least one lakh rupees.
The Bill amends the Representation of the People Act, 1950 and the Representation of the People Act, 1951 to implement certain electoral reforms. The Bill adds that the electoral registration officer may require a person to furnish their Aadhaar number for establishing their identity. If their name is already in the electoral roll, then the Aadhaar number may be required for authentication of entries in the roll. Persons will not be denied inclusion in the electoral roll or have their names deleted from the roll, if they are unable to furnish Aadhaar number due to sufficient cause as prescribed. Such persons may be permitted to furnish alternate documents prescribed by the central government.
Notably, according to PRS website, Lok Sabha spent a total of 26.5 hours only, out of a total functioning time of 83.2 hours, to discuss legislation. The maximum time in the Lower House (37 hours) was spent on non-legislative work. Whereas, Rajya Sabha, spent 21.7 hours debating legislation, out of the 45.4 hours that it functioned in the Winter Session.
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