The Telecommunication Bill 2023,

The telecommunication bill, 2023 has been introduced in the parliament and passed for the which
was for Ministry of COMMUNICATIONS & INFORMATION TECHNOLOGY which was
introduced in Lok Sabha and Rajya Sabha on 18/12/2023, passed in Lok Sabha on 20/12/2023 and in
Rajya Sabha on 21/12/2023.

This bill contains the following - The New Telecom Bill 2023 now punishes SIM frauds with jail
terms.

1. Acquiring SIM fraudulently using someone else’s identity proof will now be punishable.

2. Three years imprisonment / fifty lakh rupees penalty for acquiring SIM using fake/forged
documents.

3. Three years imprisonment / fifty lakh rupees penalty for spoofing of telephone number

4. Three years imprisonment / fifty lakh rupees penalty on using telecom service via SIM Box etc.

The Focus of the bill is on user protection as it has the following provisions in it:

• "Do Not Disturb" register gets legal mandate to protect users from unsolicited commercial (spam)
messages and calls

• Online grievance redressal mechanism for addressing grievances of users

This bill includes a lot of Spectrum reforms in itself:

1. The 1885 Act contains no mention of spectrum. The definition of spectrum is mentioned in
the Bill.
2. Auction to be the preferred mode for assignment of spectrum.
3. cases where the auction is not the preferred mode of assignment due to technical or economic
reasons: backhaul, satellite, etc.

Highlights of the Bill

 Authorization will be required from the central government to:

(i)establish and operate telecommunications networks,
(ii) provide telecommunications services, or
(iii) possess radio equipment. Spectrum will be allocated through auction, except for
specified entities and purposes for which it will be assigned administratively.
 Telecommunication may be intercepted on specified grounds. including the security of the
state, public order, or prevention of offenses. Telecom services may be suspended on similar
grounds.
 The Bill provides a mechanism to exercise the right of way for laying telecom infrastructure
in public as well as private property.
 The central government may provide for measures to protect users such as requiring prior
consent to receive specified messages and creation of a do not disturb register.

Key Issues and Analysis

 1. The Bill provides that procedures and safeguards related to interception will be prescribed by
the central government. The question is whether these should be provided by the Bill.
2. The Bill may allow mass surveillance; such measures may violate the fundamental right to
privacy on account of proportionality.
3. The Bill does not specify procedural safeguards concerning powers to search premises and
vehicles.
4. The requirement of biometric verification for users may not be proportionate and hence, may
infringe upon the fundamental right to privacy.
5. as defined under the Bill, telecommunications services may cover internet-based services.
6. The Bill vests several regulatory functions with the central government. This is distinct from
sectors such as power and finance, where these functions have been delegated to the
regulators.
7. The government may add, modify, or remove offenses in the Third Schedule to the Bill by a
notification. The question is whether such changes should only be through an Act of
Parliament.

Here are the 5 biggest impact the Telecom Bill 2023 will have on the common men.

1. Obtaining a SIM or other telecom resources through fraud, personation, or cheating, will result in a
jail term of up to three years and a fine of ₹50 lakh.

2. The new Telecom bill has a provision for crimes related to spoofing or cloning of SIM cards.
Reliance Jio, Bharti Airtel, and Vodafone Idea have warned their subscribers against the cloning of
SIM cards.

3. Consent of mobile users will be required for receiving advertising/promotional messages under this
bill.

4. The press messages of correspondents accredited to the Centre or state governments will not be
intercepted or detained unless their transmission has been prohibited under rules applicable to public
emergency and public order. The Telecom Bill draft allows the Centre to take control and suspend
mobile networks.

5. Under the Telecommunications Bill, 2023, the telecom operators have been mandated to capture
verifiable biometrics data when they issue a new connection.

The Bharatiya Nyaya (Second) Sanhita, 2023

The Prime Minister, Shri Narendra Modi has lauded the passage of Bharatiya Nagarik Suraksha
Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 by the
Parliament and called it a historic moment in India’s history. He underlined that these bills ensure
enhanced protection for the poor, marginalized, and vulnerable sections of society while also coming
down heavily on organized crime, terrorism, and other such offenses. The Prime Minister said that
these legal reforms redefine India’s legal framework to be more relevant and empathy-driven in the
Amrit Kaal. He also shared a video of Union Home Minister Amit Shah discussing the three bills in
Rajya Sabha.

In a thread post on X, the Prime Minister said: “The passage of Bharatiya Nagarik Suraksha Sanhita,
2023, Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhamiya, 2023 is a watershed moment
in our history. These Bills mark the end of colonial-era laws. A new era begins with laws centered on
public service and welfare”.

These transformative Bills are a testament to India's commitment to reform. They bring our legal,
policing, and investigative systems into the modern era with a focus on technology and forensic
science. These Bills ensure enhanced protection for the poor, marginalized, and vulnerable sections of
our society. At the same time, these Bills come down heavily on organized crime, terrorism, and such
offenses which strike at the root of our peaceful journey to progress. Through them, we have also bid
goodbye to the outdated sections on sedition.

Highlights of the Bill

1. The Bharatiya Nyaya (Second) Sanhita retains most offenses from the IPC. It adds
community service as a form of punishment.
2. Sedition is no longer an offense. Instead, there is a new offense for acts endangering the
sovereignty, unity, and integrity of India.
3. It adds terrorism as an offense. It is defined as an act that intends to threaten the unity,
integrity, security, or economic security of the country, or strike terror in the people.
4. Organized crime has been added as an offense. It includes crimes such as kidnapping,
extortion, and cybercrime committed on behalf of a crime syndicate. Petty organized crime is
also an offense now.
5. Murder by a group of five or more persons on grounds of certain identity markers such as
caste, language, or personal belief will be an offense with a penalty of life imprisonment or
death, and with a fine.

HIGHLIGHTS OF THE BILL

The Indian Penal Code (IPC), 1860 is the principal law on criminal offenses in India. Offenses
covered include those affecting:

(i) human body such as assault and murder,

(ii) property such as extortion and theft,
(iii) public order such as unlawful assembly and rioting,
(iv) public health, safety, decency, morality, and religion, defamation, and
(v) offenses against the state. Over the years, the IPC has been amended to add new offenses,
amend existing ones, and change the quantum of punishment.

Courts have also de-criminalized certain offenses such as consensual intercourse between same-sex
adults, adultery, and attempts to commit suicide. Several states have also amended the IPC to provide
different punishments for sexual offenses, selling minors for prostitution, adulteration of food and
drugs, and sacrilege of religious texts. Several Law Commission reports have recommended
amendments to the IPC on subjects including offenses against women, food adulteration, death
penalty. The Bharatiya Nyaya Sanhita was introduced on August 11, 2023, to replace the IPC. It
was examined by the Standing Committee on Home Affairs. The Bharatiya Nyaya (Second)
Sanhita, 2023 was introduced on December 12, 2023, after the earlier Bill was withdrawn. It
incorporates certain recommendations of the Standing Committee. It largely retains the provisions of
the IPC, adds some new offenses, removes offenses that have been struck down by courts, and
increases penalties for several offenses.

Key Features of the act is as follows:

  Offenses against the body: The IPC criminalizes acts such as murder, abetment of suicide,
assault, and causing grievous hurt. The BNS2 retains these provisions. It adds new offenses
such as organized crime, terrorism, and murder or grievous hurt by a group on certain
grounds.
 Sexual offenses against women: The IPC criminalizes acts such as rape, voyeurism, stalking,
and insulting the modesty of a woman. It retains these provisions. It increases the threshold
for the victim to be classified as a major, in the case of gang rape, from 16 to 18 years of age.
It also criminalizes sexual intercourse with a woman by deceitful means or making false
promises.
 Sedition: removed the offence of sedition. It instead penalizes as exciting or attempting to
excite secession, armed rebellion, or subversive activities, encouraging feelings of separatist
activities, or endangering the sovereignty or unity and integrity of India. These offenses may
involve the exchange of words or signs, electronic communication, or the use of financial
means.
 Terrorism: Terrorism includes an act that intends to threaten the unity, integrity, security, or
economic security of the country, or strike terror in the people or any section of people in
India. Punishment for attempting or committing terrorism includes death or life
imprisonment, and a fine, if it results in the death of a person, or imprisonment between five
years and life, and a fine.
 Organized crime: Organized crime includes offenses such as kidnapping, extortion, contract
killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime
syndicate. Attempting or committing an organized crime will be punishable with death or life
imprisonment and a fine of Rs 10 lakh if it results in the death of a person, or imprisonment
between five years and life, and a fine of at least five lakh rupees.
 Mob lynching: The act adds murder or grievous hurt by five or more people on specified
grounds, as an offense. These grounds include race, caste, sex, language, or personal belief.
The punishment for such murder is life imprisonment or death.
 Rulings of the Supreme Court: The act conforms to some decisions of the Supreme Court.
These include omitting adultery as an offense and adding life imprisonment as one of the
penalties (in addition to the death penalty) for murder or attempt to murder by a life convict.
 Rulings of the Supreme Court: They conform to some decisions of the Supreme Court.
These include omitting adultery as an offense and adding life imprisonment as one of the
penalties (in addition to the death penalty) for murder or attempt to murder by a life convict.

The Bhartiya Nagarik Suraksha (Second) Sanhita, 2023

The passage of Bhartiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023,
and Bhartiya Sakshya Adhiniyam, 2023 is a watershed moment in our history. These Bills
mark the end of colonial-era laws. A new era begins with laws centered on public service and
welfare. These transformative Bills are a testament to India's commitment to reform. They
bring our legal, policing, and investigative systems into the modern era with a focus on
technology and forensic science. These Bills ensure enhanced protection for the poor,
marginalized, and vulnerable sections of our society. At the same time, these Bills come down
heavily on organized crime, terrorism, and such offenses which strike at the root of our
peaceful journey to progress. Through them, we have also bid goodbye to the outdated
sections on sedition. In our Amrit Kaal, these legal reforms redefine our legal framework to
be more relevant and empathy-driven. These speeches by Home Minister Shri Amit Shah Ji
further elaborate on the key features of these Bills.
Key Issues and Analysis
The act allows up to 15 days of police custody, which can be authorized in parts during the
initial 40 or 60 days of the 60 or 90-day period of judicial custody. This may lead to denial of
bail for the entire period if the police have not exhausted the 15 days of custody. The power
to attach property from proceeds of crime does not have safeguards provided in the
Prevention of Money Laundering Act. The CrPC provides bail for an accused who has been
detained for half the maximum imprisonment for the offense. The ACT denies this facility to
anyone facing multiple charges. As many cases involve charges under multiple sections, this
may limit such bail. The use of handcuffs is permitted in a range of cases including organized
crime, contradicting Supreme Court directions. This retains provisions of the CrPC related to
the maintenance of public order. Since trial procedure and maintenance of public order are
distinct functions, the question is whether they should be regulated under the same law or be
dealt with separately. Recommendations of high-level committees on changes to the CrPC
such as reforms in sentencing guidelines and codifying the rights of the accused have not
been incorporated in the act.
Key Features
The CrPC governs the procedural aspects of criminal justice in India. The key features of the
Act include:

1. Separation of offenses: The CrPC classifies offenses into two categories: cognizable
and non-cognizable. Cognizable offenses are those in which the police can arrest and
initiate an investigation without a warrant. Non-cognizable offences require a
warrant, and in some cases, a complaint by the victim or a third party.
2. Nature of offenses: The CrPC deals with various types of criminal offenses, ranging
from traffic violations to murder. It distinguishes between bailable and non-bailable
offenses, specifying the offenses for which an accused has the right to bail from police
custody.
The act retains most of the provisions of the CrPC. Key changes proposed include:

 Detention of undertrials: As per the CrPC, if an accused has spent half of the
maximum period of imprisonment in detention, he must be released on personal bond.
This does not apply to offenses punishable by death. The ACT adds that this
provision will also not apply to (i) offenses punishable by life imprisonment, and (ii)
persons against whom proceedings are pending in more than one offense.
 Medical examination: The CrPC allows medical examination of the accused in
certain cases, including rape cases. Such examination is done by a registered medical
 practitioner at the request of at least a sub-inspector-level police officer. The ACT
provides that any police officer can request such an examination.
 Forensic investigation: The ACT mandates forensic investigation for offenses
punishable with at least seven years of imprisonment. In such cases, forensic experts
will visit crime scenes to collect forensic evidence and record the process on a mobile
phone or any other electronic device. If a state does not have a forensics facility, it
shall utilize such a facility in another state.
 Signatures and finger impressions: The CrPC empowers a Magistrate to order any
person to provide specimen signatures or handwriting. The ACT expands this to
include finger impressions and voice samples. It allows these samples to be collected
from a person who has not been arrested.
 Timelines for procedures: The ACT prescribes timelines for various procedures.
For instance, it requires medical practitioners who examine rape victims to submit
their reports to the investigating officer within seven days. Other specified timelines
include: (i) giving judgment within 30 days of completion of arguments (extendable
up to 45 days), (ii) informing the victim of the progress of the investigation within 90
days, and (iii) framing of charges by a sessions court within 60 days from the first
hearing on such charges.
 Hierarchy of Courts: The CrPC establishes a hierarchy of courts for the
adjudication of criminal matters in India. These courts include: (i) Magistrate’s
Courts: subordinate courts responsible for the trial of most criminal cases, (ii)
Sessions Courts: presided over by a Sessions Judge and hear appeals from
Magistrate’s Courts, (iii) High Courts: have inherent jurisdiction to hear and decide
criminal cases and appeals, and (iv) Supreme Court: hear appeals from High Courts
and exercise its original jurisdiction in certain matters. The CrPC empowers the state
governments to notify any city or town with a population of more than one million as
a metropolitan area. Such areas have Metropolitan Magistrates. The ACT removes
the classification of metropolitan areas and Metropolitan Magistrates.
The Bill may expand the powers of the police.

The CrPC governs the powers of the police to maintain public order, prevent crimes, and
undertake criminal investigations. These powers include arrests, detention, search,
seizure, and use of force. These powers are subject to restrictions to safeguard
individuals from misuse of police powers leading to excessive use of force, illegal
detentions, custodial torture, and abuse of authority. The Supreme Court has also issued
various guidelines to prevent such arbitrary exercise of police powers. The ACT amends
the provisions related to detention, police custody, and the use of handcuffs, which may
present some issues.

The procedure of police custody was altered.

The Constitution and CrPC prohibit detention in police custody beyond 24 hours.[8] The
Magistrate is empowered to extend it up to 15 days in case the investigation cannot be
completed within 24 hours. He may further extend judicial custody beyond 15 days if he is
satisfied that adequate grounds exist to do so. However, overall detention cannot exceed 60
or 90 days (depending on the offense). The ACT modifies this procedure. It adds that the
police custody of 15 days can be authorized in whole or in parts at any time during the initial
40 or 60 days out of the 60- or 90-day period. This could lead to bail being denied during
this period if the police argue that they need to take the person back into police custody.
This differs from laws like the Unlawful Activities (Prevention) Act, of 1976, where police
custody is limited to the first 30 days. The Supreme Court has held that as a general rule,
police custody should be taken in the first 15 days of remand. The extension of 40 or 60 days
should be utilized as an exception. The ACT does not require the investigating officer to
provide reasons when seeking police custody for someone in judicial custody. The Standing
Committee (2023) recommended that the interpretation of this clause be clarified.

The power to use handcuffs may infringe on the accused’s liberty

The ACT provides for the use of handcuffs during arrest. Handcuffs may only be used to
arrest: (i) a habitual or repeat offender who has escaped custody, or (ii) a person who has
committed offenses such as rape, acid attack, organized crime, drug-related crime, or
offense against the State. The provision contravenes the judgments of the Supreme Court
and guidelines of the National Human Rights Commission. The Supreme Court has held
that the use of handcuffs is inhumane, unreasonable, arbitrary, and repugnant to Article
21. In extreme cases, when handcuffs have to be used, the escorting authority must
record reasons to do so. Further, it has ruled that no prisoners undergoing trial can be
handcuffed without obtaining judicial consent. The Court has therefore left the discretion
to decide the use of handcuffs on the trial court. The Standing Committee (2023)
recommended excluding economic offenses from the offenses where handcuffs may be
used. The ACT has removed this category.

Rights of the accused

The scope of mandatory bail is limited in case of multiple charges- As per the CrPC if an
undertrial has served half the maximum imprisonment for an offense, he must be released
on a personal bond. This provision does not apply to offenses punishable by death. The
ACT retains this provision and adds that first-time offenders get bail after serving one-
third of the maximum sentence. However, it adds that this provision will not apply to (i)
offenses punishable by life imprisonment, and (ii) where an investigation, inquiry, or trial
in more than one offense or multiple cases is pending. Since chargesheets often list
multiple offenses, this may make many undertrial prisoners ineligible for mandatory bail.
For example, in 2014, the Supreme Court held that illegal mining constitutes an offense
under the Mines and Minerals (Development and Regulations) Act, 1957, and also
qualifies as theft under the IPC. Similarly, rash and dangerous driving is a punishable
offense under the Motor Vehicles Act, of 1988 as well as the IPC. Persons accused in such
cases will not be eligible to obtain mandatory bail. Bail allows the accused to be released
from custody while awaiting trial, provided they meet certain conditions. Detention
before conviction is done to ensure easy availability of an accused for trial and there is no
tampering with evidence. If these are ensured, detention is not needed. The Supreme
Court has held that bail is the rule and incarceration is the exception. Further, it has been
observed that undertrial prisoners should be released at the earliest and those who cannot
furnish bail bonds due to poverty are not incarcerated only for that reason.

The scope for plea bargaining may be limited -Plea bargaining is an agreement between
the defense and prosecution where the accused pleads guilty for a lesser offense or a
reduced sentence. Plea bargaining was added to the CrPC in 2005. It is not allowed for
offenses punishable with the death penalty, life imprisonment, or imprisonment term
exceeding seven years. The CrPC does not permit a bargain to be struck for a lesser
offense or for compounding the offense – the accused will be considered to have
confessed and been convicted of the offense. The ACT retains this provision. This limits
plea bargaining in India to sentence bargaining, that is getting a lighter sentence in
exchange for the accused’s guilty plea. Further, the ACT adds a stipulation that the
accused must apply to plea bargaining within 30 days from the date of framing of the
charge. This time limit can impact the effectiveness of plea bargaining by limiting the
opportunity for seeking a reduced sentence.

The Bharatiya Sakshya Bill, 2023

Highlights of the Bill- The Bhartiya Sakshya Bill, 2023 (ACT) replaces the Indian
Evidence Act, 1872 (IEA). It retains most provisions of the IEA including those on
confessions, relevancy of facts, and burden of proof. The IEA provides two kinds of
evidence - documentary and oral. Documentary evidence includes primary (original
documents) and secondary (that prove the contents of the original). The ACT retains the
distinction. It includes electronic records in the definition of documents. Under the IEA,
electronic records are categorized as secondary evidence. The ACT classifies electronic
records as primary evidence. It expands such records to include information stored in
semiconductor memory or any communication devices (smartphones, laptops). Under the
IEA, secondary evidence may be required under various conditions, such as when the
original is in the possession of the person against whom the document is sought to be
proved or has been destroyed. The ACT adds that secondary evidence may be required if
the genuineness of the document itself is in question.
Key Issues and Analysis
The Supreme Court has recognized that electronic records may be tampered with. While
the ACT provides for the admissibility of such records, there are no safeguards to prevent
the tampering and contamination of such records during the investigation process.
Currently, electronic records must be authenticated by a certificate to be admissible as
documents. The ACT retains these provisions for admissibility. The ACT also classifies
electronic evidence as documents (which may not need certification). This creates a
contradiction. Under the IEA, a fact discovered due to information received from an
accused in police custody may be provable. The ACT retains this provision. Courts and
Committees noted that facts may be discovered in police custody by coercion, and
without adequate safeguards. The IEA (and the ACT) allows such information to be
admissible if it was obtained when the accused was in police custody, but not if he was
outside. The Law Commission recommended removing this distinction. The Law
Commission has made several recommendations, which have not been incorporated.
These include the presumption that the police officer caused the injuries if an accused was
injured in police custody.
Key Features
The Bharatiya Sakshya Bill, 2023 (ACT) retains most of the provisions of the IEA.
These include:

1. Admissible evidence: Parties involved in a legal proceeding can only present

admissible evidence. Admissible evidence can be classified as either ‘facts in issue’
or ‘relevant facts. Facts in issue refer to any fact that determines the existence,
nature, or extent of any right, liability, or disability claimed or denied in a legal
proceeding. Relevant facts are facts that are pertinent to a given case. The IEA
provides two kinds of evidence – documentary and oral evidence.
2. A proved fact: A fact is considered proven when, based on the evidence presented,
the Court believes it to either: (i) exist, or (ii) its existence so likely that a prudent man
should act as if it exists in circumstances of the case.
3. Police confessions: Any confession made to a police officer is inadmissible.
Confessions made in police custody are also inadmissible unless recorded by a
Magistrate. However, if a fact is discovered because of information received from an
accused in custody, that information may be admitted if it distinctly relates to the fact
discovered.

Key changes proposed in the ACT include:

1. Documentary evidence: Under the IEA, a document includes writing, maps, and
caricatures. The ACT adds that electronic records will also be considered as
documents. Documentary evidence includes primary and secondary evidence.
Primary evidence includes the original document and its parts, such as electronic
records and video recordings. Secondary evidence contains documents and oral
 accounts that can prove the contents of the original. The ACT retains this
classification.
2. Oral evidence: Under the IEA, oral evidence includes statements made before Courts
by witnesses about a fact under inquiry. The ACT allows oral evidence to be given
electronically. This would permit witnesses, accused persons, and victims to testify
through electronic means.
3. Admissibility of electronic or digital records as evidence: Documentary evidence
includes information in electronic records that have been printed or stored in optical
or magnetic media produced by a computer. Such information may have been stored
or processed by a combination of computers or different computers. The ACT
provides that electronic or digital records will have the same legal effect as paper
records. It expands electronic records to include information stored in semiconductor
memory or any communication devices (smartphones, laptops). This will also include
records on emails, server logs, smartphones, locational evidence, and voicemails.
4. Secondary evidence: The ACT expands secondary evidence to include: (i) oral and
written admissions, and (ii) the testimony of a person who has examined the
document and is skilled in the examination of documents. Under the Act, secondary
evidence may be required under various conditions, such as when the original is in the
possession of the person against whom the document is sought to be proved or has
been destroyed. The ACT adds that secondary evidence may be required if the
genuineness of the document itself is in question.
5. Joint trials: A joint trial refers to the trial of more than one person for the same
offense. The IEA states that in a joint trial, if a confession made by one of the
accused which also affects the other accused is proven, it will be treated as a
confession against both. The ACT adds an explanation to this provision. It states that
a trial of multiple persons, where an accused has absconded or has not responded to
an arrest warrant, will be treated as a joint trial.
Challenges to facts discovered in police custody.
Information obtained in police custody using coercion may be provable. The IEA provides
that if a fact is discovered because of information received from an accused in police custody,
that information can be admitted if it distinctly relates to the fact discovered. The ACT
retains this provision. Over the years, the Supreme Court and various Law Commission
reports have highlighted that facts may have been discovered in custody due to the accused
being subject to duress and torture. The Law Commission (2003) recommended that facts
discovered in police custody using threat, coercion, violence, or torture should not be
provable.
Admissibility of fact depends on whether it was obtained outside or within police custody -
Under the IEA, information received from an accused in police custody is admissible if it
relates to a fact discovered, whereas similar information is not admissible if it was received
from an accused outside police custody. The ACT retains this distinction. In 1960, the
constitutionality of this provision was challenged because it creates an unjustifiable
discrimination between persons in and outside custody.[10] The Court upheld the
constitutionality stating that the legislation had made a reasonable difference by enacting
different rules for those outside and within police custody. The Law Commission (2003)
suggested re-drafting the provision to ensure that information relating to facts should be
relevant whether the statement was given in or outside police custody.

The Advocates (Amendment) Bill, 2023

What was the Advocate Act, of 1961?
The Advocates Act, of 1961, was enacted to amend and consolidate the law relating to legal
practitioners and to provide for the constitution of Bar Councils and an All-India Bar. This
Act repealed a majority of the Legal Practitioners Act, of 1879, but left behind provisions
relating to its extent, definitions, and powers to frame and publish lists of touts.
The Advocates (Amendment) Bill, 2023, was introduced in Rajya Sabha on August 1, 2023.
It amends the Advocates Act, of 1961. The Bill repeals certain sections related to touts under
the Legal Practitioners Act, of 1879. The 1961 Act consolidates the law related to legal
practitioners and constitutes Bar Councils and the All-India Bar. Key features of the Bill
include:
1. Touts: The Bill provides that every High Court, district judge, sessions judge, district
magistrate, and revenue officer (not below the rank of a district collector) may frame
and publish lists of touts. Tout refers to a person who: (i)either proposes to procure or
procures the employment of a legal practitioner in a legal business in return for any
payment, or (iii) frequents places such as the precincts of civil or criminal courts,
revenue offices, or railway stations to procure such employment. The Court or judge
may exclude from the premises of the Court any person whose name is included in the
list of touts.
2. Preparation of lists: The authorities empowered to frame and publish the list of touts
may order subordinate courts to hold an inquiry into the conduct of persons alleged or
suspected to be touted. Once such a person is proven to be a tout, his name may be
included by the authority in the list of touts. No person will be included in such lists
without getting an opportunity to show cause against his inclusion.
3. Penalty: Any person who acts as a tout while his name is included in the list of touts
will be punished with imprisonment of up to three months, a fine up to Rs 500, or
both.

The Jammu and Kashmir Reservation (Amendment) Bill, 2023

The Jammu and Kashmir Reservation (Amendment) Bill, 2023, was introduced in Lok Sabha
on July 26, 2023. It amends the Jammu and Kashmir Reservation Act, of 2004. The Act
provides for reservation in jobs and admission in professional institutions to members of
Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes.
Key features of the Bill include:
Socially and educationally backward classes: Under the Act, socially and educationally
backward classes include: (i) people residing in villages declared as socially and
educationally backward by the Union Territory (UT) of Jammu and Kashmir, (ii) people
residing in areas adjoining the Actual Line of Control and International Border, and (iii) weak
and under-privileged classes (social castes), as notified. The government may make
inclusions or exclusions from the category of weak and under-privileged classes, on the
recommendations of a Commission. The Bill substitutes weak and under-privileged classes
with other backward classes as declared by the UT of Jammu and Kashmir. The definition of
weak and underprivileged classes is deleted from the Act.
Recently, the Lok Sabha has passed the Jammu and Kashmir Reorganization (Amendment)
Bill, 2023, and the Jammu and Kashmir Reservation (Amendment) Bill, 2023. The Bill seeks
to represent those who became refugees in their own country and also reserves one seat in the
Jammu and Kashmir Assembly for people who have been displaced from Pakistan-occupied
Kashmir (Pok).
Background: Before the Revocation of Article 370, Jammu and Kashmir had distinct rules
for delimiting Lok Sabha and Assembly seats. Post the abrogation of Article 370 and the
region's transition into a Union Territory, a Delimitation Commission was formed in March
2020. This commission was tasked not only with delimiting J&K's seats but also those of
Assam, Manipur, Arunachal Pradesh, and Nagaland, aiming to finish within a year. Recently,
the commission concluded its delimitation process, resulting in an increase in J&K's
legislative assembly seats from 107 to 114, facilitated by the Jammu and Kashmir
Reorganization (Amendment) Bill, 2023.
Bills:
the Jammu & Kashmir Reservation (Amendment) Bill, 2023:
It seeks to amend Section 2 of the Jammu and Kashmir Reservation Act, 2004. The Jammu
and Kashmir Reservation Act, of 2004 provided reservation in jobs and admission in
professional institutions to Scheduled Castes (SCs), Scheduled Tribes (STs), and other
socially and educationally backward classes. The amendment Bill suggests a change in the
nomenclature of a section of people who were earlier described as “weak and underprivileged
classes (social castes)" to "other backward classes.
Jammu and Kashmir Reorganization (Amendment) Bill, 2023:
The Jammu and Kashmir Reorganization (Amendment) Bill, 2023 was introduced in Lok
Sabha on July 26, 2023. The Bill amends the Jammu and Kashmir Reorganization Act, 2019.
The Act provides for the reorganization of the state of Jammu and Kashmir into the union
territories of Jammu and Kashmir (with legislature) and Ladakh (without legislature).
1. Number of seats in the Legislative Assembly: The Second Schedule of the
Representation of the People Act, 1950 provides for the number of seats in legislative
assemblies. The 2019 Act amended the Second Schedule of the 1950 Act to specify
the total number of seats in the Jammu and Kashmir Legislative Assembly to be 83. It
reserved six seats for Scheduled Castes. No seats were reserved for Scheduled Tribes.
 The Bill increases the total number of seats to 90. It also reserves seven seats for
Scheduled Castes and nine seats for Scheduled Tribes.
2. Nomination of Kashmiri migrants: The Bill adds that the Lieutenant Governor may
nominate up to two members from the Kashmiri migrant community to the
Legislative Assembly. One of the nominated members must be a woman. Migrants
are defined as persons who migrated from the Kashmir Valley or any other part of the
state of Jammu and Kashmir after November 1, 1989, and are registered with the
Relief Commissioner. Migrants also include individuals who have not been registered
due to: (i) being in government service in any moving office, (ii) having left for work,
or (iii) possessing immovable property at the place from where they migrated but are
unable to reside there due to disturbed conditions.
3. Nomination of displaced persons: The Bill adds that the Lieutenant Governor may
nominate to the Legislative Assembly one member representing displaced persons
from Pakistan-occupied Jammu and Kashmir. Displaced persons refer to individuals
who left or were displaced from their place of residence in Pakistani-occupied Jammu
and Kashmir and continue to reside outside such place. Such displacement should
have taken place in 1947-48, 1965, or 1971 due to civil disturbances or fear of such
disturbances. These include successors-in-interest of such persons.
It seeks to amend the 2019 Act and provide representation in the Legislative Assembly to the
Kashmiri Migrants and displaced persons from the PoK. It seeks to nominate two members
from the Kashmiri migrant community, with one nominee being a woman, and the power of
the lieutenant governor to nominate one person representing the displaced persons from
Pakistan-occupied Kashmir (PoK) to the Legislative Assembly. This bill proposes to increase
the total number of seats in the Jammu and Kashmir legislative assembly from 107 to 114, of
which 7 would be reserved for scheduled caste members and 9 seats for legislators from
scheduled tribes. As per the Bill, 24 seats of the Assembly will remain vacant until the
occupation in Pakistan-occupied Kashmir ceases. Therefore, the effective strength of the
Assembly is 83, which the amendment seeks to increase to 90.
Zero Terror Plan Linked with the Abrogation of Article 370:
The Zero Terror Plan refers to a comprehensive strategy initiated by the Indian government to
eradicate terrorism from Jammu and Kashmir. This plan has been in effect for the past three
years and is slated for full implementation by 2026. Since the abrogation of Article 370,
which granted special status to Jammu and Kashmir, there has been a noticeable decline in
terrorism in the region.
Delimitation: Delimitation is the act of fixing or redrawing the limits or boundaries of
territorial constituencies (Assembly or Lok Sabha seat) in a country or a province having a
legislative body, as per the Election Commission. The delimitation exercise is carried out by
an independent high-powered panel known as the Delimitation Commission whose orders
have the force of law and cannot be questioned by any court. Delimitation Commissions have
been set up four times — 1952, 1963, 1973, and 2002 under the Acts of 1952, 1962, 1972,
and 2002. The exercise has been carried out over the years to redefine the area of a
constituency based on its population size (based on the last Census). Aside from changing the
limits of a constituency, the process may result in a change in the number of seats in a state.
This exercise also involves the reservation of Assembly seats for SC & ST by the
Constitution.
The Central Universities (Amendment) Bill, 2023:
The act was introduced in Lok Sabha on December 4, 2023. The Bill amends the Central
Universities Act, of 2009, which establishes central universities for teaching and research in
various states.
Central Tribal University in Telangana: The Bill establishes a Central Tribal University in
Telangana. It will be named the ‘Sammakka Sarakka Central Tribal University’. Its
territorial jurisdiction will extend to Telangana. It will provide avenues of higher education
and research facilities primarily for the tribal population of India. Note that the Andhra
Pradesh Reorganization Act, 2014 provides that the central government will establish a Tribal
University in the state of Telangana. The Central Universities (Amendment) Bill, 2023.
The Central Universities (Amendment), Bill, 2023 further amends the Central Universities
Act, 2009 for setting up of Sammakka Sarakka Central Tribal University at Mulugu District
in the State of Telangana as provided in the Thirteenth Schedule to the Andhra Pradesh Re-
organization Act, 2014 (no. 6 of 2014). There would be provision of funds of Rs. 889.07
crore. The new university will not only increase access and improve the quality of higher
education in the State but also promote avenues of higher education and advance knowledge
by providing instructional and research facilities in tribal art, culture, and traditional
knowledge systems for the benefit of the tribal population in the State. This new university
will also create additional capacity and will strive to remove regional imbalances.
“The Lok Sabha on 4th December 2023 has introduced the Central Universities
(Amendment) Bill, 2023 to establish a Central Tribal University in the State of Telangana that
will cater to the regional aspirations for years to come. It will increase access and quality of
higher education and facilitate and promote higher education and research facilities for the
people of the State. It will also promote advanced knowledge by providing instructional and
research facilities in tribal art, culture, and customs and advancement in technology to the
tribal population of India. Apart from bringing focus to tribal education, the Central Tribal
University shall carry out all educational and other activities like any other Central
University. Moreover, the establishment of a Central Tribal University in the State of
Telangana is obligatory under the Andhra Pradesh Reorganization Act, of 2014. Therefore,
the Government has decided to establish a new Central Tribal University in the State of
Telangana namely, the “Sammakka Sarakka Central Tribal University”.
The Repealing and Amending Bill, 2023
Parliament has passed the Repealing and Amending Bill, 2023 as the Rajya Sabha gave its
nod to the legislation today. It was passed by Lok Sabha during the Monsoon session this
year. The legislation seeks to repeal 76 laws that are obsolete or that have been made
redundant by other laws.
“To repeal certain enactments and to amend an enactment.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows: —
1. This Act may be called the Repealing and Amending Act, of 2023.
2. The enactments specified in the First Schedule and the Second Schedule are
hereby repealed.
3. The enactment specified in the Third Schedule is hereby amended to the extent
and in the manner specified in the fourth column thereof.
4. The repeal by this Act of any enactment shall not affect any other enactment in which
the repealed enactment has been applied, incorporated, or referred to; and this Act
shall not affect the validity, invalidity, effect, or consequences of anything already
done or suffered, or any right, title, obligation or liability already acquired, accrued or
incurred, or any remedy or proceeding in respect thereof, or any release or discharge
of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity
already granted, or the proof of any past act or thing; nor shall this Act affect any
principle or rule of law, or established jurisdiction, form or the course of pleading,
practice or procedure, or existing usage, custom, privilege, restriction, exemption,
office or appointment, notwithstanding that the same respectively may have been in
any manner affirmed or recognized or derived by, in or from any enactment hereby
repealed; nor shall the repeal by this Act of any enactment revive or restore any
jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption,
usage, practice, procedure or other matter or thing not now existing or in force”.
The Jammu and Kashmir Reorganization (Second Amendment) Bill, 2023
The Jammu and Kashmir Reorganization (Amendment) Bill, 2023 seeks to provide
nomination of not more than two members, one of whom shall be a woman from the
community of Kashmiri Migrants and one member from a Displaced person from Pakistan
Occupied Jammu and Kashmir the Jammu and Kashmir Legislative Assembly. The Jammu
and Kashmir Reorganization (Second Amendment) Bill, 2023 was introduced in Lok Sabha
on December 12, 2023. The Bill amends the Jammu and Kashmir Reorganization Act, 2019.
The Act provides for the reorganization of the state of Jammu and Kashmir into the union
territories of Jammu and Kashmir (with legislature) and Ladakh (without legislature).
1. Reservation for women: The Bill reserves, as nearly as possible, one-third of all
elected seats in the Jammu and Kashmir Legislative Assembly for women. This
reservation will also apply to the seats reserved for Scheduled Castes and Scheduled
Tribes in the Assembly.
2. Commencement of reservation: The reservation will be effective once the census
conducted after the commencement of this Bill has been published. Based on the
census, delimitation will be undertaken to reserve seats for women. The reservation
will be in place for 15 years. However, it will continue till such a date as determined
 by a law made by Parliament. Note that the Constitution bars delimitation before the
first census post-2026.
3. Rotation of seats: Seats reserved for women will be rotated after each delimitation, as
determined by a law made by Parliament.
The Government of Union Territories (Amendment) Bill, 2023:
It is intended to enable greater representation and participation of women as public
representatives in law-making processes in the Union Territory. The Government of Union
Territories (Amendment) Bill, 2023 seeks to reserve 33 percent of seats in the Puducherry
Assembly for women.
The Government of Union Territories (Amendment) Bill, 2023 was introduced in Lok Sabha
on December 12, 2023. The Bill amends the Government of Union Territories Act, of 1963.
The Act provides for establishing Legislative Assemblies and constitution of Councils of
Ministers for certain Union Territories.
1. Reservation for women: The Bill reserves one-third of all elected seats in the
Puducherry Legislative Assembly for women. This will also apply to the seats
reserved for Scheduled Castes and Scheduled Tribes in the Assembly.
2. Commencement of reservation: The reservation will be effective once the census
conducted after the commencement of this Bill has been published. Based on the
census, delimitation will be undertaken to reserve seats for women. The reservation
will be provided for 15 years. However, it will continue till such a date as determined
by a law made by Parliament.
3. Rotation of seats: Seats reserved for women will be rotated after each delimitation, as
determined by a law made by Parliament.

The Post Office Bill, 2023

Highlights of the Bill
The Bill replaces the Indian Post Office Act, of 1898. The Act regulates India Post, a
departmental undertaking of the central government. The government will not have exclusive
privilege over conveying letters. Services to be provided by India Post will be prescribed
under the Rules. The Director General of Postal Services will be appointed to head India
Post. He will have powers to make regulations on various matters including tariffs for
services and supply of postage stamps. The government may intercept an article transmitted
through India Post on specified grounds, including the security of the state and public order.
India Post will not incur any liability for its services, except any liability prescribed
through Rules.
Key Issues and Analysis
The Bill does not specify procedural safeguards for interception of articles transmitted
through India Post. Lack of safeguards may violate freedom of speech and expression and
the right to privacy of individuals. The grounds for interception include ‘emergency’, which
may be beyond reasonable restrictions under the Constitution. The Bill exempts India Post
from liability for lapses in postal services. Liability may be prescribed through Rules by the
central government, which also administers India Post. This may lead to a conflict of
interest. The Bill does not specify any offenses and penalties. For instance, there are no
consequences for unauthorized opening of postal articles by a postal officer. This may have
adverse implications for the right to privacy of consumers.
Key Features
Exclusive privileges of the central government: The Act provides that wherever the central
government establishes posts, it will have the exclusive privilege of conveying letters by post,
as well as incidental services such as receiving, collecting, sending, and delivering letters.
The Bill does not provide for such privileges. The Act provides for the issuance of postage
stamps as per the prescribed Rules. The Bill also states that India Post will have the
exclusive privilege of issuing postage stamps.
1. Services to be prescribed: The Act specifies the services provided by India Post to
include: (i) delivery of postal articles including letters, postcards, and parcels, and (ii)
money orders. The Bill provides that India Post will provide services, as may be
prescribed by the central government.
2. Director General to make regulations regarding services: The Act, as well as the Bill,
provides for the appointment of the Director General of Postal Services. Under the
Act, the Director General has powers to decide the time and manner of delivery of
postal services. The Bill provides that the Director General may make regulations
regarding any activity necessary to provide postal services. He may also make
regulations regarding charges for services, and supply and sale of postage stamps and
postal stationery.
3. Powers to intercept postal articles: The Act allows interception of an article being
transmitted through post on certain grounds. An interception may be carried out on
the occurrence of any public emergency, or in the interest of public safety or
tranquility. Such interceptions may be carried out by the central government, state
governments, or any officer specially authorized by them. An intercepted shipment
can be detained or disposed of by the officer in charge. The officer also has powers to
open, detain, or destroy shipments carrying items prohibited under the Act or any
other law.
4. The Bill instead provides that interception of an article being transmitted through post
may be carried out on the following grounds: (i) the security of the state, (ii) friendly
relations with foreign states, (iii) public order, (iv) emergency, (v) public safety, or
(vi) contravention of the provisions of the Bill or any other laws. An officer
empowered by the central government through a notification may carry out
interception.
5. Examination of postal articles prohibited under law or liable for duty: Under the Act,
an officer in charge may examine a postal article if he suspects that it contains goods
which are prohibited or are liable to be paid duty upon. The Bill removes the powers
of examination. It instead provides that in such cases, the central government may
 empower an officer of India Post to deliver the postal article to the customs authority
or any other specified authority. The authority will then deal with the item in
question.

6. Exemptions from liability: The Act exempts the government from any liability
related to the loss, misdelivery, delay, or damage to a postal article. This does not
apply where the liability is undertaken by the central government in express terms.
Officers are also exempt from such liability unless they have acted fraudulently or
willfully. The Bill retains these exemptions. It also provides that the central
government may prescribe liability about services by India Post under the Rules.

7. Removal of offenses and penalties: The Act specified various offenses and penalties,
all of which were removed by the Jan Vishwas (Amendment of Provisions) Act, 2023.
For instance, theft, misappropriation, or destruction of postal articles by an officer of
the Post Office was punishable with imprisonment of up to seven years and a fine.
Sending certain prohibited items by post was punishable with imprisonment of up to
one year, a fine, or both. The Bill does not provide for any offenses or consequences,
except one. Amounts not paid by a user will.

Regulation of postal services different from courier services

Currently, there are distinct frameworks for the regulation of similar postal services by the
public and private sectors. The Indian Post Office Act, of 1898 establishes a monopoly of the
central government over conveying letters. Private courier services are currently not
regulated under any specific legislation. This leads to certain key differences. For instance,
the 1898 Act provides a framework for interception of articles transmitted through India Post.
There is no such provision for private courier services. Another key difference is in the
application of the consumer protection framework. The 1898 Act exempts the government
from liability for any lapses in the services, except where such liability is undertaken in
express terms. The Consumer Protection Act, 2019 does not apply to services by India Post,
but it applies to private courier services. The Post Office Bill, 2023, seeking to replace the
1898 Act, retains these provisions. We discuss certain issues with these provisions below.

Interception of articles transmitted through India Post

The Bill empowers the government to intercept an article transmitted through post on the
following grounds: (i) security of the state, (ii) friendly relations with foreign states, (iii)
public order, (iv) emergency, (v) public safety, or (vi) contravention of provisions of the Bill
or any other laws. We discuss two related issues below.

Lack of procedural safeguards may violate the fundamental rights of individuals.

The Bill does not specify any procedural safeguards against the interception of postal articles.
This may violate the right to privacy, and the freedom of speech and expression. In the case
of interception of telecommunications, the Supreme Court (1996) held that a just and fair
procedure to regulate the power of interception must exist. Otherwise, it is not possible to
safeguard the rights of citizens under Article 19(1)(a) (freedom of speech and expression) and
Article 21 (right to privacy as a part of the right to life and liberty). To address this, the Court
had mandated several safeguards including: (i) establishing the necessity for the interception,
(ii) limiting the validity of interception orders, (iii) authorization by high-ranking officials,
and (iv) interception orders to be examined by a review committee headed by senior
government functionaries.
A similar clause was introduced in the Indian Post Office (Amendment) Bill, 1986. The Bill
was passed by both Houses of Parliament and sent to the President for his assent in December
1986. However, President Zail Singh neither assented nor returned the Bill to Parliament
until he demitted office in July 1987. Later, President Venkataraman returned it to
Parliament in January 1990 for reconsideration, and the Bill was withdrawn by the Vajpayee
government in 2002.

The ground of ‘emergency’ may be beyond the reasonable restrictions permitted under the
Constitution- The Bill allows interception of postal articles on the ground of ‘emergency’.
The 1898 Act has a similar ground of ‘public emergency’ for interception. The Law
Commission (1968), while examining the 1898 Act, had observed that the term emergency is
not explicitly defined, and thus gives a very wide ground for interception. It also observed
that interception of postal articles may infringe upon the freedom of speech and expression in
certain cases, such as where it contains letters, books, postcards, and newspapers. It added
that a public emergency cannot be a constitutionally permissible ground for interception, if it
does not affect the security of the state, public order, or any other grounds specified in the
Constitution. The Supreme Court (2015) has held that arbitrary grounds for restricting
freedom of speech and expression are unconstitutional.

Exemption from liability for lapses in services- The Bill states that notwithstanding any other
law in force, India Post will not incur any liability about a service provided by India Post.
However, the central government may prescribe liability about a service through Rules. The
question is whether the Bill itself should provide for liability.

While examining the application of the 1898 Act, the National Consumer Dispute Redressal
Commission (2023) held that the Consumer Protection Act, 2019 does not apply to postal
services offered by the government. The Bill retains the provisions regarding liability under
the 1898 Act. This implies that the rights of consumers of postal services from India Post
may not be adequately protected. Liability may be prescribed through Rules by the central
government, which also administers India Post. This may lead to a conflict of interest. The
framework under the Bill is in contrast with the law applicable in the case of Railways, which
is also a commercial service provided by the central government. The Railway Claims
Tribunal Act, of 1987 establishes tribunals for disposing of complaints against the Indian
Railways for lapses in services. These include grievances such as loss, damage, or non-
delivery of goods, and refund of fares or freight.
Removal of all offenses and penalties: The Jan Vishwas (Amendment of Provisions) Act,
2023 removed all offenses and penalties under the 1898 Act. These included various offenses
committed by officers of the post office. The Bill retains this position, i.e., it does not
provide for any offenses and penalties. The question is whether this is appropriate. Under the
Act, the illegal opening of postal articles by a postal officer was punishable with
imprisonment up to two years, a fine, or both. Persons other than postal officers were also
penalized for opening a mailbag. In contrast, there will be no consequence against such
actions under the Bill. This may have adverse implications for the right to privacy of
individuals. Violations specific to postal services are not covered under other laws such as
the Indian Penal Code (IPC). The IPC only punishes such offenses when accompanied by
theft or misappropriation (Sections 403 and 461).
Lack of clarity on consequences in certain cases: The Bill states that no officer will incur any
liability for a service provided by India Post. This exemption does not apply where the
officer has acted fraudulently or willfully caused loss, delay, or mis-delivery of service.
However, the Bill does not specify what consequences would follow if an officer committed
such acts. Before the amendment under the Jan Vishwas Act, under the 1898 Act, these
offenses were punishable with imprisonment of up to two years, a fine, or both.
The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment)
Bill, 2023
The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill,
2023 was introduced in Lok Sabha on December 13, 2023. The Bill amends the National
Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. The Act protects
unauthorized development and encroachment by specified persons in the Union Territory of
Delhi from punitive action. These include slum dwellers, hawkers, unauthorized colonies,
schools, religious and cultural institutions, and agricultural godowns. It requires the central
government to take certain measures to address these issues. These include: (i) finalizing
norms, policy guidelines, and strategies, and (ii) making orderly arrangements for relocation
and rehabilitation.
Validity of the Act extended until 2026: The Act was initially valid until December 31, 2014,
with subsequent amendments extending it until December 31, 2023. The Bill further extends
the validity until December 31, 2026.

The Central Goods and Services Tax Bill, 2023

 The Central Goods and Services Tax (Amendment) Bill, 2023 was introduced in
Lok Sabha on August 11, 2023. It amends the Central Goods and Services Tax
 (CGST) Act, 2017. The Act provides for the levy and collection of CGST on the
intra-state supply of goods and services. CGST on specified actionable claims: Under
the Act, transactions involving actionable claims, except lottery, betting, and
gambling, are not considered to be a supply of goods or services. Thus, they are not
liable to be taxed. An actionable claim refers to a claim to any debt which is not
secured by mortgage of immovable property or by pledge of moveable property.
 The Bill provides that suppliers of specified actionable claims will be liable to pay
CGST. The Bill defines specified actionable claims as actionable claims involved in:
(i) betting, (ii) casinos, (iii) horse racing, (iv) lottery, (v) gambling, or (vi) online
money gaming. Online money gaming refers to online games where players pay or
deposit money (including virtual digital assets) with the expectation of winning
money or money’s worth. This applies to any game, scheme, competition, or other
activity irrespective of its outcome being based on skill, chance, or both. It includes
online money games which may be allowed or banned under any law. Online games
refer to games offered on the internet or an electronic network.
 Suppliers of specified actionable claims: Under the Bill, a person who organizes or
arranges the supply of specified actionable claims will be deemed to be their supplier.
This includes persons who own, operate, or manage digital or electronic platforms for
such supply. This will be irrespective of the manner in which the consideration for
supply of such claims is conveyed to the person or placed at his disposal. The
consideration may include money or money’s worth including virtual digital assets.
 Registration mandatory for certain suppliers of online money gaming: The Act
provides for the mandatory registration of certain suppliers. The Bill provides that
persons supplying online money gaming from outside India to persons in India must
also register under the Act.
The Central Goods and Services Tax (Second Amendment) Bill, 2023 was introduced in
Lok Sabha on December 13, 2023. It amends the Central Goods and Services Tax (CGST)
Act, 2017. The Act provides for the levy and collection of CGST on the intra-state supply of
goods and services.

 Change in qualification for members of the Appellate Tribunal: The Act allows the
central government to set up an Appellate Tribunal on the recommendation of the
GST Council. The Tribunal comprises the President, a judicial member, and two
technical members. Persons eligible to be appointed as judicial members are:
(i) a judge of the High Court, or
(ii) a district judge or additional district judge having served for at least 10 years.
The Bill allows advocates with at least 10 years of experience to be appointed as
judicial members. They must have substantial experience in matters relating to
indirect taxation. The minimum age to be appointed as a member or president of the
Tribunal will be 50 years.
Age limit: The Bill increases the age limit:
(i) for the president of the Tribunal from 67 to 70 years, and
(ii) for members from 65 to 67 years.

The Provisional Collection of Taxes Bill, 2023

The Provisional Collection of Taxes Bill, 2023 was introduced in Lok Sabha on December
13, 2023. The Bill repeals the Provisional Collection of Taxes Act, of 1931. The Act
provides for the interim imposition or increase of customs or excise duty. The Bill retains all
the provisions under the Act.

 Interim collection of taxes: The Act allows for the immediate imposition or increase
in customs or excise duty through a declaration. This declaration may be included in
the government bill seeking to impose or increase such duties introduced in
Parliament. The imposition or increase will come into effect from the day after the
date of introduction of the Bill.
It will cease to have effect once:
(i) the Bill is enacted,
(ii) the central government directs so in pursuance of a motion passed by Parliament,
or
(iii) after the 75th day after the date of the introduction of the Bill. The Bill retains
these provisions. It also clarifies that these provisions will be applicable
regardless of whether the tariff classification has changed.
 Refund of taxes and duties in certain cases: The Act requires that refunds be issued in
certain cases. Refunds must be issued if the declaration was enacted in an amended
form, or it ceased to apply. Refunds will be made on the difference under the
declaration and the enacted provision. If the declared provision is not enacted, duties
and taxes collected will be refunded in entirety. The Bill retains these provisions.

The Chief Election Commissioner and other Election Commissioners (Appointment,

Conditions of Service and Term of Office) Bill, 2023
Article 324 of the Constitution states that the Election Commission will comprise the Chief
Election Commissioner (CEC) and such number of Election Commissioners (ECs), as the
President may decide. The Election Commission of India (ECI) is responsible for managing
the preparation of electoral rolls and conducting elections to Parliament, State Legislatures,
and the offices of the President and Vice-President. The Constitution specifies that the
President will appoint the CEC and ECs, subject to the provisions of an Act of Parliament.
In the Constituent Assembly debates, the executive’s role in appointing the CEC and ECs was
discussed as the President acts on the aid and advice of the Prime Minister. Dr. B.R.
Ambedkar pointed out that the election machinery should be out of the control of the
government. Members of the Constituent Assembly agreed to leave the appointment
mechanism of the ECI to the discretion of Parliament. In 1991, Parliament passed the
Election Commission (Conditions of Service of Election Commissioners and Transaction of
Business) Act. The Act set the salary of the CEC and ECs at the same level as a Supreme
Court judge. It did not provide for their appointment process, which continued to be decided
by the President.
In March 2023, while examining the appointment of the CEC and ECs, the Supreme Court
declared that their appointment should not be done solely by the Executive. The Court noted
that the ECI should be independent of Executive control. It mandated a selection process,
which would hold until Parliament makes a law. The Court directed that the appointment
should be done by the President on the recommendation of a Selection Committee. The
Selection Committee will consist of
(i) the Prime Minister,
(ii) the Leader of Opposition in Lok Sabha, and
(iii) the Chief Justice of India.
The Chief Election Commissioner and Other Election Commissioners (Appointment,
Conditions of Service And Term of Office) Bill, 2023, was introduced in Rajya Sabha on
August 10, 2023. It repeals the 1991 Act and provides for the appointment process and
conditions of services for the CEC and ECs.
The Bill replaces the Election Commission (Conditions of Service of Election
Commissioners and Transaction of Business) Act, 1991. It provides for the appointment,
salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners
(ECs). The CEC and ECs will be appointed by the President upon the recommendation of a
Selection Committee. The Selection Committee will consist of the Prime Minister, a Union
Cabinet Minister, and Leader of Opposition/leader of the largest opposition party in Lok
Sabha.

Recommendations of the Selection Committee will be valid even when there is a vacancy in
this Committee.

 A Search Committee headed by the Cabinet Secretary will propose a panel of names
to the Selection Committee. Eligibility for the posts includes holding (or having held)
a post equivalent to the Secretary to the central government.
 The salary and conditions of service of the CEC and ECs will be equivalent to that of
Cabinet Secretary. Under the 1991 Act, it was equivalent to the salary of a Supreme
Court Judge.
Issues and analysis:
(i) The selection process of the Election Commission may be dominated by the
government, which has implications for its independence.
(ii) Accepting the Selection Committee’s recommendations despite a vacancy in its
constitution may effectively lead to a monopoly of government members in
selecting candidates.
 (iii) Making the CEC and EC’s salary equivalent to the Cabinet Secretary may lead to
government influence as it is fixed by the government. This is unlike the salary
of a Supreme Court judge which is fixed through an Act of Parliament.
(iv) CECs and ECs also perform quasi-judicial functions. Limiting these posts to
senior bureaucrats may exclude other suitable candidates.
Features:
a) Election Commission: The Election Commission will consist of a Chief Election
Commissioner (CEC) and other Election Commissioners (ECs). The President
will periodically fix the number of ECs.
b) Appointment of the Commission: The Commission will be appointed by the
President, upon the recommendation of the Selection Committee. The Selection
Committee will comprise the Prime Minister, Cabinet Minister, and Leader of
Opposition in Lok Sabha (or leader of the single largest opposition party). A
Search Committee headed by the Cabinet Secretary will suggest five names to the
Selection Committee. The Selection Committee may consider any person other
than those suggested by the Search Committee.
c) Eligibility criteria: The CEC and ECs must: (i) be persons of integrity, (ii) have
knowledge and experience in the management and conduct of elections, and (iii)
be or have been Secretary (or equivalent) to the government.
d) Term and reappointment: Members of the Election Commission will hold office
for six years, or until they attain the age of 65 years, whichever is earlier.
Members of the Commission cannot be re-appointed. If an EC is appointed as a
CEC, the overall period of the term may not be more than six years.
e) Salary and pension: The salary, allowances, and other conditions of service of the
CEC and ECs will be equivalent to that of the Cabinet Secretary. They will have
an option to draw pension and other retirement benefits from the service that they
belonged to previously.
f) Removal: The Bill retains the manner of removal of CEC and ECs as specified in
the Constitution. The CEC may be removed in the same manner and on the same
grounds as a Supreme Court Judge. ECs may be removed only upon the
recommendation of the CEC.
The Press and Registration of Periodicals Bill, 2023
The Press and Registration of Periodicals Bill, 2023 was introduced in Rajya Sabha on
August 1, 2023. It repeals the Press and Registration of Books Act, of 1867.

 Registration of periodicals: The Act provides for the registration of newspapers,

periodicals, and books. It also provides for the cataloging of books. The Bill
provides for the registration of periodicals, which include any publication containing
public news or comments on public news. Periodicals do not include books or
scientific and academic journals.
 The Act provides that a declaration specifying the printer/ publisher be made to the
District Magistrate (DM). The DM sends the declaration to the Press Registrar, who
 then issues a certificate of registration. Making such declaration and authentication
by the DM is necessary for the publication of the newspaper. The Bill allows the
publisher of a periodical to obtain a registration certificate by filing an online
application with the Press Registrar General and specified local authority. A person
who has been convicted of a terrorist act or unlawful activity, or has acted against the
security of the State will not be allowed to publish a periodical.
 Foreign periodicals: An exact reproduction of a foreign periodical may be printed in
India only with the prior approval of the central government. The manner of
registration of such periodicals will be prescribed.
 Press Registrar General: The Act provides for the central government to appoint a
Press Registrar who maintains a register of newspapers. The Bill provides for the
Press Registrar General of India who will issue registration certificates for all
periodicals. Other functions of the Press Registrar General include:
(i) maintaining a register of periodicals,
(ii) making guidelines for the admissibility of title of periodicals,
(iii) verifying circulation figures of prescribed periodicals, and
(iv) revising, suspending, or canceling registration.
 Registration of a printing press: The Act requires a printing press to be declared
before the DM. The Bill allows for information regarding printing presses to be
submitted to the Press Registrar General through an online portal.
 Suspension and cancellation of registration: The Bill allows the Press Registrar
General to suspend a periodical’s registration for a minimum period of 30 days which
can extend to 180 days. The registration may be suspended due to:
(i) registration obtained by furnishing false information,
(ii) failure to publish periodicals continuously, and (iii) giving false particulars in annual
statements. The Press Registrar General may cancel the registration if the publisher does
not correct such defects. Registration may also be canceled if a periodical has the same
or similar title as any other periodical, the owner/ publisher has been convicted of a
terrorist act or unlawful activity, or for acting against the security of the state.

 Penalties and appeal: The Bill empowers the Press Registrar General to impose
penalties for:
(i) publishing periodicals without registration (up to five lakh rupees),
(ii) failing to furnish annual statement within the specified time (up to Rs 20,000 on first
default). If a periodical is published without registration, the Press Registrar General
may direct its publication to be stopped. Not complying with such direction within six
months will be punishable with imprisonment of up to six months.

 Any person may appeal against the refusal to issue a registration certificate,
suspension/ cancellation of registration, or imposition of penalty. Such appeals may
be filed before the Press and Registration Appellate Board within 60 days.