Bill seeking to repeal archaic laws introduced in the Lok Sabha by the Union Law Minister

Hon’ble Union Law Minister Mr. D.V. Sadananda Gowda on Wednesday introduced “The Repealing and Amending (Second) Bill, 2014” in the Lok Sabha, which seeks to remove certain Amendment Acts from the statute books as they have outlived their utility. 

(Parliament of India)

This is the first time since the year 2001 that such an exercise is being undertaken by the Law Ministry.

The Amendment Acts which are now sought to be repealed include the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2010, The Supreme Court (Number of Judges) Amendment Act, 2008, The Wakf (Amendment) Act, 2013 and the Banking Laws (Amendment) Act, 2012.

"The Bill is one of those periodical measures by which enactments which have ceased to be in force or have become obsolete or the retention whereof as separate Act is unnecessary are repealed or by which the formal defects detected in enactments are corrected," says the Statement of Objects and Reasons appended to the Bill.

Clause 4 of the Bill makes it clear that it “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 orfrom 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 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the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed”

The legislative endeavour to do away these Amending Acts from the statute book as they are considered to have outlived their utility is in consonance with Prime Minister Narendra Modi's agenda to do away with archaic laws. PM Modi is of the view that such laws and rules hinder efficient governance. 

Between 1950, when the Republic came into being, and 2001 over a hundred Acts have been repealed. 

The draft of the Bill introduced in the Lok Sabha can be accessed here

Standing Committee on External Affairs tables report in Parliament recommending a constitutional amendment to enable swapping of enclaves between India and Bangladesh

The Standing Committee on External Affairs (2014-2015) headed by Congress MP Dr. Shashi Tharoor has tabled its report before both Houses of Parliament on December 1, recommending the introduction and passage of a Constitution Amendment Bill to enable the swapping of enclaves between India and Bangladesh and thereby end a 67-year-old dispute between the two countries. 

 

Parliament of India

 The land swap which envisages India exchanging 111 enclaves measuring 17,160 acres with Bangladesh and receiving, in turn, 51 enclaves covering 7,110 acres, was first decided under the 1974 Land Boundary Agreement (LBA) between India and Bangladesh, but never ratified by Parliament. It will require an amendment to the Constitution (the 119th amendment) to be passed by both Houses of Parliament with a two-thirds majority. Around 51,000 people reside in these enclaves.

As per the report, all Bangladeshi enclaves are located in the district of Cooch Behar in West Bengal and all Indian enclaves are located in four Bangladeshi districts of Panchagarh, Lalmonirhat, Kurigram and Nilphamari which are close to the border with West Bengal.

The Committee urged the Union Government to take urgent steps for presenting the Constitution (119th Amendment) Bill, 2013, in parliament without delay. The Constitution (119^th Amendment) Bill amends the First Schedule of the Constitution to give effect to the agreement entered into by India and Bangladesh on the acquiring and transfer of territories between the two countries on May 16, 1974. The Bill also amends paragraphs relating to the territories of Assam, West Bengal, Meghalaya, and Tripura in the First Schedule of the Constitution.

The Bill was introduced in the Rajya Sabha on 18^th December, 2013 and was initially referred to the Standing Committee on External Affairs on 31^st  December, 2013 for examination and Report. The examination could not be completed in view of announcement of General Elections, 2014 and the dissolution of 15^th Lok Sabha. The Bill was again referred to the Committee on 16^th September, 2014 and the Committee submitted its report on 1^st  of December, 2014.

The parliamentary panel said it was convinced by External Affairs Ministry that all the concerned state governments - of Assam, Meghalaya, Tripura and West Bengal - were consulted at various stages for reaching a settlement on the boundary dispute with Bangladesh.

It suggested to the Union Government to effectively coordinate with the states on all matters and resolve the lacuna related to actual implementation of the accord on the ground. Close coordination with the states would "be indispensable when the actual territory is exchanged and the demographic situation might be affected" and would go a long way in ensuring smooth implementation of the LBA, it said. It said that the exchange of enclaves "is a logical step in bringing these areas within the ambit of governance".

It suggested that a blueprint be kept ready for the development of these areas after due consultations with the concerned state governments, so that developmental work can be initiated immediately after the bill is made an act and the LBA is ratified.

The Parliamentary panel said a status report on rehabilitation of the returning Indian citizens should be presented to parliament/committee within six months after the agreement comes into force.

It said the law and order machinery in the affected area should be suitably augmented in consultation with the state government of West Bengal and an appropriate method should be arrived at in order to check the bonafides of the Bangladeshi residents who shall be extended Indian citizenship upon incorporation of the territory.

The panel has also said in its report that it was the duty of both governments to minimise the humanitarian costs of this accord and suggested that both sides should discuss the steps to be taken to ensure adequate safeguards for the Indian nationals who would be staying back so that they are not discriminated against in any way after having acquired Bangladeshi citizenship.

The LBA was part of the promises made by former Prime Minister Manmohan Singh during his visit to Dhaka in 2011. However, the UPA government was unable to bring the Bill to Parliament, partly because of opposition from the BJP over Assam enclaves and the Trinamool over West Bengal enclaves. The BJP has however changed its opinion on the Bill after coming to power in May.  

Full text of the report submitted by the Standing Committee on External Affairs to Parliament on December 1 can be accessed here

DELHI DURBAR : SIGHTS AND SOUNDS FROM LUTYENS' DELHI

Delhi

Opposition parties have made repeated jibes at Prime Minister Modi over his foreign visits. The Congress has even alleged that since taking power in May, PM Modi has spent only one of every six days in India.

In this background, Kerala Law Review though it fit to compile a collection of jibes made by Opposition leaders at PM Modi, inside and outside the Parliament. All in good spirit though!

Here is a sampling of the choicest of the lot : 

(Lalu Prasad Yadav)

"He is not the Prime Minister of the country anymore, he has become an NRI and the media is portraying that Modi's popularity is booming abroad when there is trouble at our borders," Lalu Prasad takes a dig at the PM during his 'rockstar' trip to Australia

Mallikarjun Kharge

"It is a privilege that the Prime Minister is present in the House today", Leader of the Congress Mallikarjun Kharge  took a swipe at PM Modi when he was seen in the Lok Sabha today

"Forget bringing back black money from abroad. Please bring back our PM first," CPM's Sitaram Yechury too chipped in.

Not to be left behind, Trinamool Congress MP Derek O'Brien had a go at the PM as well : "Please grant a visa to the Prime Minister of India to come to the Rajya Sabha", he sneered.

Parliamentary Affairs Minister M. Venkaiah Naidu was however dismissive of the criticism voiced by the opposition parties.

He hit back at the opposition : "Where is the absence? Does Mamata Banerjee (Trinamool Congress leader) sit in the assembly from morning to evening? Some people are saying he's always abroad, when will he be back. Is this some joke?"

"If needed the PM will speak, when it's his turn during the question hour he will be there. The PM is doing his job, the people are happy, only the opposition is unhappy, what can we do?", Naidu said hinting that except for the Opposition the people were happy with the PM doing his job.

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The opposition parties are plainly jealous of PM Modi's sky-high popularity, aren't they? What do you think?

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'Delhi Durbar : Sights and Sounds from Lutyen's Delhi' is a humorous account of events that have transpired in the corridors of power in Delhi.