How Parliament Winter Session Was A Tell-Tale For Contentious Bills Passed In The Last Decade

Recently, four significant bills were passed in the Lok Sabha and Rajya Sabha as much of the suspended Opposition remained absent. The Broadcasting Services (Regulation) Bill, 2023, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, the Telecommunications Bill, 2023 and three bills related to criminal laws were swiftly approved by voice vote and minimal debate, with the latter two also receiving the presidential assent this week.

The new criminal laws intensify punishments for offences like lynching, acts endangering national security, and terrorism. Meanwhile, the Broadcasting Services (Regulation) Bill, 2023, is the latest in a series of proposed laws that critics argue will restrict free speech and have a detrimental impact on press freedom. The Telecommunications Bill, designed to overhaul India's telecom regulatory framework, faced criticism for potential privacy infringements and heightened government control over private communication. While the the CEC bill for the appointment of three members to the Election Commission of India (ECI) contradicts the Supreme Court's directive, which advocates for a panel involving the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI).

The recently passed bills have faced scrutiny and widespread criticism, with concerns raised that they may grant the government excessive authority and power. This concern aligns with a pattern observed in the past, where several bills have sparked controversy and debate among the Opposition. Many have highlighted that such legislation is a means for the Centre to exert more control across various aspects of governance.

Outlook looks at a few more bills that have raised similar concerns:

Digital Personal Data Protection Bill, 2023

Since 2018, India has been working towards implementing a comprehensive data protection law, and in August of this year, it succeeded with the passage of The Digital Personal Data Protection Bill, 2023. The bill, designed to regulate how tech companies handle user data, has faced criticism from the Opposition, claiming it may lead to increased government surveillance. The legislation permits companies to transfer user data abroad, empowering the government to seek information and issue content-blocking directives through a data protection board appointed by the federal government. 

Concerns have arisen following the passing of the bill, mainly regarding the broad exemptions for government agencies, a perceived weakening of the data protection board's powers, and amendments to the Right to Information Act, which rights groups argue will significantly undermine the law. 

Delhi Services Bill (Amendment)

On August 12, the Parliament passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, or in common terms, the Delhi Services Bill. This legislation which grants the central government control over bureaucrats in the Delhi government was passed with 131 votes in favor and 102 against in the Rajya Sabha. The bill aims to enhance the authority of the centrally appointed Lieutenant Governor (L-G) of Delhi over the appointments, postings, and transfers of Group A and Delhi, Andaman & Nicobar Islands Civil Services (DANICS) cadre officers in the national capital.

The bill replaces an earlier ordinance promulgated by the Centre in May, which established the National Capital Civil Service Authority (NCCSA), and effectively undid a Supreme Court order that granted control of Delhi's bureaucracy to the elected government, excluding policing, public order, and land matters. 

The bill had been the focal point of the tug-of-war between the Centre and the Delhi government for several months. During a six-hour debate in the Rajya Sabha, Home Minister Amit Shah said that the bill aimed to protect people's rights rather than diminish the authority of the Delhi government. Following the bill’s approval, Delhi Chief Minister Arvind Kejriwal said it was a "black day" for India's democracy and accused the BJP-ruled Centre of trying to "usurp" power through the backdoor. He also said it was an "insult" to the right to vote of the people of Delhi.

The Right to Information (Amendment) Bill, 2019

The Right to Information (Amendment) Bill, 2019, introduced in July 2019, sought to amend the Right to Information Act, 2005. It proposed significant changes to the tenure and salaries of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at both central and state levels. The key proposals included removing the fixed five-year tenure for CICs and ICs, allowing the Central Government to determine their terms and salaries. Opposition parties strongly opposed the bill, alleging it was a deliberate attempt to weaken the RTI framework and erode the independence of information commissioners. Critics expressed concerns about potential government interference in information disclosure matters, citing instances where the Information Commission made decisions uncomfortable for the government.

Initiating the debate, Congress leader Shashi Tharoor strongly objected to the Bill and sought its withdrawal. "Are you bringing this amendment because an Information Commissioner asked the PMO to reveal the PM's educational details? What is the hurry in bulldozing every bill without scrutiny? Why is the government delaying constituting the parliamentary standing committees?" he had asked.

The Unlawful Activities (Prevention) Amendment Bill, 2019

The Unlawful Activities (Prevention) Amendment Bill, 2019 received Presidential assent on Thursday, August 8, 2019, allowing the Centre to declare individuals as terrorists without being tried and convicted. Unlike the previous focus on organisations, the amended law empowered the government to declare individuals as terrorists, drawing criticism from the Opposition. The bill also expanded the authority of the National Investigation Agency (NIA) allowing the director general (DG) of the National Investigation Agency (NIA) to approve the seizure or attachment of property which is believed to represent the proceeds of terrorism.

While proponents argued the bill enhanced counter-terrorism efforts, critics labelled the legislation as vague and “hastily brought”. Shashi Tharoor in his argument said there were several other provisions in the law to go after individuals. There were also apprehensions about the potential misuse of this expanded power, with critics saying that in the name of tackling terror, the fundamental rights of an individual could not be foregone

Despite efforts by some opposition MPs, including Mahua Moitra and Asaduddin Owaisi, to highlight why it shouldn’t become law, the bill was passed in the Lok Sabha on July 24, 2019, and Rajya Sabha on August 2 that year.

Forest Conservation Amendment Bill 2023 

On August 2, 2023, the Lok Sabha passed the Forest (Conservation) Amendment Bill 2023, exempting specific forest lands from the Forest (Conservation Act) 1980. This exemption, impacting nearly 28% of India's total forest cover, aimed to expedite projects outside the Recorded Forest Area (RFA). The bill also excluded lands near India's borders and permitted exemptions for eco-tourism projects, raising concerns among environmental experts about biodiversity threats and violations of forest-dwelling tribes' rights. 

Introduced by Environment Minister Bhupender Yadav, the amendment sought to streamline the forest conservation law, allowing exemptions for strategic and security-related projects. Despite protests from ecologists, who highlighted potential environmental degradation and threats to biodiverse hotspots, the bill progressed through the legislative process.