Full Text
REGISTERED NO. DL-(N)04/0007/2003-24
The Gazette of India
CG-DL-E-03082024-256016
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 9]
NEW DELHI, FRIDAY, JULY 26, 2024/SRAVANA 4, 1946 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
RAJYA SABHA
The following Bills have been introduced in the Rajya Sabha on the 26th July, 2024:-
Bill No. XXXIX of 2022
A Bill further to amend the Representation of the People Act, 1951.
BE it enacted by Parliament in the Seventy-third Year of the Republic of India as
follows:-
1. (1) This Act may be called the Representation of the People (Amendment) Short title and
Act, 2022. commencement.
(2) It shall come into force on such date, as the Central Government may, by notification
in the Official Gazette, appoint.
43 of 1951.
2. In section 62 of the Representation of the People Act, 1951, for sub-section (5), Amendment
the following shall be substituted, namely:— of section 62.
"(5). No person shall be allowed to vote at any election if such person is
convicted for any offence and is sentenced to imprisonment for more than seven
years:
Provided that a person who is alleged to have committed any offence and is under
lawful custody of the police and is under imprisonment for the period of such trial, shall
have the right to vote:
Provided further that nothing in this sub-section shall apply to a person subjected to
preventive detention under any law for the time being in force.”
STATEMENT OF OBJECTS AND REASONS
The preamble of the Indian Constitution declares India to be a democratic State.
With a population of 1.4 billion, India is the largest democracy in the world. Voting right is
essential to the functioning of the democracy, envisioned by the Constituent Assembly.
The Supreme Court on various occasions specially in the landmark judgement of
'Kesavananda Bharati case vs UOI' declared voting right as a part of the basic structure
of the Constitution of India. The right to vote is unconditionally essential to a well-
functioning democracy. Without the proper enforcement of this right, democracy would
be farce.
2. The conviction rate of under trial or accused persons is also very low in India.
The National Crime Record Bureau in its 2018 report titled 'Prisoner Statistics India' had
mentioned that out of a total of 4,66,084 prisoners, there were 3,23,537 under trials and
1,39,488 convicts lodged across 1,339 prisons across India. Thus, it shall be fair to state
that a blanket ban on the exercise of the right to vote for all prisoners is a dilution of the
strength of democracy and unnecessary curtailment of the fundamental rights of the
prisoners.
3. With the language of Section 62(5) of the Representation ofthe People Act, 1951
banning any person who is 'confined' in a prison from voting is not just ambiguous but
also unrequitedly expansive. This is for the very reason that under trial prisoners are
also "confined" on the basis of pre-supposition. While some under trials may afford to
procure bail, others with critical financial conditions may not be able to afford the same.
This brings out the issue of violation of Article 14 by Section 62(5) of RP Act. A more
shocking violation of equality happens, by the fact, that our legal system, while not
allowing a person to vote from prison allows a person to contest elections from the same
prison. Article 14 of the Indian Constitution is a guarantee of equality before law and
equal protection oflaws. The Supreme Court of India in the case of Amita vs UOI, (2005)
13 SCC 721 has expounded on the meaning of the two terms, while the former lays down that
no citizen shall be discriminated in the application oflaw, the latter puts an obligation on
the State to ensure that every individual is given equal respect and concern which he is
entitled to as a human being. The privileged, under privileged, politicians, or common
men, all are equal before the law.
4. It is pertinent to point out that a basic facet of natural justice and the Indian
criminal justice system is the presumption of innocence unless proven guilty. While the
law provides for curtailment of certain rights of criminals, curtailment of a critical right of
voting is against natural justice and also defeats the purpose and object of the legislation.
This deprivation of rights of innocent people cannot be justified.
Hence this Bill.
IRANNA KADADI
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to insert a new article 21B to the Constitution, with a view to
making the right to safe drinking water pollution free environment, conservation of ecology
and equitable sustainable development as a fundamental right of the citizens. The Bill,
therefore, if enacted, will involve expenditure from the Consolidated Fund of India and it is
difficult to estimate the expenditure at this juncture as the same will depend upon the measures
taken by the Central Government in this regard.
Bill No. XLI of 2022
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-third Year of the Republic of India as
follows:-
1. (1) This Act may be called the Constitution (Amendment) Act, 2022. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
2. After article 21A of the Constitution, the following new article shall be inserted, Insertion of
namely:- new article
21B.
"21B. Every citizen shall have the right to— Right to safe
drinking
water,
(a) safe drinking water; pollution-free
(b) pollution-free environment that is not harmful to one's health or well- and protected
being; and environment.
(c) protected environment, for the benefit of present and future generations,
so as to—
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural
resources while promoting justifiable economic and social development."
STATEMENT OF OBJECTS AND REASONS
Justice Krishana Iyer has characterised article 21 as "the procedural Magna Carta
protective of life and liberty". In Maneka Gandhi case vs. Union of India (1978) 1 SCC 248,
Justice Iyer stated that the spirit of man is at the root of article 21. Freedom of right to life in
its truest sense cannot be achieved without a safe healthy and clean environment. There is
a need to put this as an enforceable right against the State. United Nations Human Rights
Council, in 2021, unanimously voted to recognise, a clean, healthy and sustainable
environment as a Universal Human Right. A healthy environment is necessary for the holistic
development of humans, any violation of the same is a violation of the guarantee to life.
Environmental degradation endangers the present as well as the future generations. Thus,
there is a primary need for conservation, especially in an era of development and modernisation.
Socio-economic justice is the foundation stone of the Constitution of India. Providing a
healthy environment is also one of the elements of a welfare State. The public cannot be
assured without the State working on the improvement of public health including the
protection and improvement of the environment. This Bill seeks to promote the cause of
environmental justice and ensure the State's obligation to protect the environment and its
resources. Expansion of article 21 should be with an objective to make life worthwhile, rather
than mere animalistic existence. The term 'life' is of wide amplitude and must be expanded
comprehensively to cover a variety of guarantees which go to constitute the life of a citizen.
Any deprivation of the right to life may extend to distress all the other faculties of civil and
political rights enshrined in the Constitution of India.
Hence, this Bill.
IRANNA KADADI
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to insert a new article 21B to the Constitution, with a view to
making the right to safe drinking water pollution free environment, conservation of ecology
and equitable sustainable development as a fundamental right of the citizens. The Bill,
therefore, if enacted, will involve expenditure from the Consolidated Fund of India and it is
difficult to estimate the expenditure at this juncture as the same will depend upon the measures
taken by the Central Government in this regard.
Bill No. LVI of 2023
A Bill further to amend the Right of Children to Free and Compulsory Education
Act, 2009.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Right of Children to Free, Compulsory and Quality Short title and
Education (Amendment) Act, 2023. commencement.
(2) It shall come into force on such date, as the Central Government may, by notification
in the Official Gazette, appoint.
35 of 2009.
2. In the long title of the Right of Children to Free and Compulsory Education Amendment
Act, 2009 (hereinafter referred to as the principal Act), — of the long
title.
(i) for the words, "Children to Free and Compulsory Education Act, 2009", the
words "Children to Free, Compulsory and Quality Education Act, 2009" shall be
substituted;
(ii) for the words, "age of six to fourteen years", the words "age of three to
eighteen" shall be substituted.
3. In Section 1 of the principal Act, for sub-section (1), the following sub-section shall Amendment
be substituted, namely:— to Section 1.
"(1) This Act may be called the Right of Children to Free, Compulsory and
Quality Education Act, 2009.".
4. Throughout the principal Act, — Substitution
of references
to certain
expressions
by certain
other
expressions.
(a) for the words "free and compulsory education", wherever they occur, the
words "free, compulsory and quality education” shall be substituted, with the exception
of Section 23 and Section 39 of the principal Act;
(b) for the words “age of six to fourteen years”, wherever they occur, the words
"age of three to eighteen" shall be substituted;
(c) for the words "fourteen years", wherever they occur, the words "eighteen"
shall be substituted.
5. In Section 2 of the principal Act, - Amendment
to Section 2.
(i) for clause (f), the following clause shall be substituted, namely-
"elementary education" means pre-school and school education;";
(ii) after clause (j), the following new clause shall be inserted, namely—
“(jj) NEP 2020/Education Policy means the National Education Policy of
India;
(jk) NCF means National Curriculum Framework of India as may be
prescribed;";
(iii) after clause (1), the following new clause shall be inserted, namely-
"(II) “pre-school” means pre-primary education imparted to children in
three to six years age group, and before class I;
(lk) "quality education” means education ensuring holistic development,
inclusive access, and relevant learning opportunities for all children and is in
accordance with the standards and parameters as prescribed by the competent
framework/authority;";
(iv) "after clause (n), the following clause shall be inserted, namely-
"(na) "school education” means the education from first class to twelfth
class.".
6. In Section 4 of the principal Act, for the words 'six years', the words 'three years' Amendment
shall be substituted. to Section 4.
7. In Section 7 of the principal Act, in sub-section (6), — Amendment
to Section 7.
(i) in clause (a), the following sub-clause shall be substituted, namely,—
"(a) implement NCF aligned with the NEP2020 with the help of the academic
authorities specified under Section 29;";
(ii) in clause (b), the following sub-clause shall be substituted, namely, —
"extensively engage in capacity building of teachers around the new and
innovative pedagogies in education, as envisaged by the National Education
Policy, 2020;";
(iii) in clause (c), the following sub-clause shall be substituted, namely,-
“provide necessary technical support to help teachers achieve skills in
Foundational Literacy and Numeracy.".
8. In Section 8 of the principal Act, Amendment
to Section 8.
(i) In Explanation to sub-clause (i) of clause (a), for the word "six", the word
"three" shall be substituted;
(ii) for clause (d), following clause shall be substituted, namely-
"(d) provide necessary learning infrastructure including teaching-learning
materials, capacity building, professional development of teachers etc;";
(iii) for clause (g), following clause shall be substituted,
"(g) ensure good quality of education, aimed at improving learning
outcomes;";
(iv) in clause (i), after the word "teachers", the words "and ensure continuous
teacher professional development as prescribed in NEP.” shall be inserted;
(v) after the existing clause (i), the following new clause shall be inserted,
namely,-
"(j) provide universal acquisition of Foundational Literacy and Numeracy
Skills amongst all children.".
9. In Section 9 of the principal Act, — Amendment
to Section 9.
(i) in clause (a), for the words "free and compulsory elementary", the words
"free, compulsory and quality" shall be substituted;
(ii) after clause (f), the following clause shall be inserted, namely—
"(fa) provide the necessary learning infrastructure such as Teaching-
Learning Materials, Capacity Building, Professional Development of teachers
etc.";
(iii) in clause (h), for the words “quality elementary education conforming to
the standard and norms specified in the schedule", the words "quality of education,
aimed at improving learning outcomes" shall be substituted.
10. For Section 10 of the principal Act, following Section shall be substituted, namely,— Amendment to
"10. Duty of parents and guardian.— Section 10.
(i) It shall be the duty of every parent or guardian to admit or cause to be
admitted his or her child or ward, as the case may be, to an elementary education
program suitable to their age in a neighborhood school;
(ii) further, it shall be the duty of every parent or guardian to the best of their
ability, to motivate his or her child to complete schooling till the age of 18 years;
(iii) the appropriate government shall take necessary measures to create
awareness among parents or guardians about their duties under this section, and
provide necessary guidance and support to facilitate their compliance with the
provisions of this Act.".
11. In section 11 of the principal Act, for the words "elementary”, the word "school" be Amendment to
substituted. Section 11.
12. In Section 24 of the principal Act, in sub-section (1) for clause (d) of Amendment to
sub-section (1), the following clause shall be substituted, namely,— Section 24.
"(d) assess the learning ability of each child against the standard grade-level
learning outcomes through formative and competency-based assessments.".
13. For Section 27 of the principal Act, the following Section shall be substituted, Amendment to
namely,- Section 27.
"27. Subject to the provisions herein, no teacher shall be engaged for any purposes
other than those related to education and the competent authorities shall undertake
sincere and diligent efforts to minimize the duration of administrative tasks and
deployment duties that do not contribute directly to educational objectives, and thereby
maximizing the time dedicated to teaching and enhancing teacher engagement in
classrooms.
Without prejudice to the foregoing provision, a teacher shall only be assigned
duties related to educational purpose, except for specific circumstances such as
participation in the decennial population census, disaster relief duties, or duties
associated with elections for the local authority, State Legislatures, or Parliament, as
the case may be, and shall not be engaged in any non-educational duties beyond the
aforementioned exceptions."
Amendment
of Schedule.
14. In the Schedule to the principal Act, under the heading “Numbers of teachers:", for
the Item (b), the following shall be substituted, namely-
"(b) For sixth class to twelfth class.".
STATEMENT OF OBJECTS AND REASONS
The enshrinement of the Right to Education as a Fundamental Right through the
86th Constitutional Amendment in 2002 and the subsequent passage of the Right of Children
to Free and Compulsory Education Act in 2009 (RTE Act, 2009) have been pivotal moments in
the history of Independent India. The RTE Act, 2009 recognizes education as a fundamental
right and emphasizes the government's obligation to provide free and compulsory education
to all children. This amendment underscores India's commitment to creating a more inclusive
and equitable society, empowering individuals to reach their full potential. Thanks to the
RTE Act, 2009, and progressive initiatives such as Samagra Shiksha Abhiyan and the PM-
POSHAN Scheme, the education system has witnessed significant transformation, resulting
in an impressive near 100% enrollment rate at the elementary level. These efforts have
played a crucial role in developing essential infrastructure, recruiting qualified teachers, and
ensuring widespread access to education, marking a significant milestone in India's pursuit
of quality education for all.
2. Nevertheless, despite such notable accomplishments, India is currently grappling
with a Learning Crisis, where students are attending school without acquiring essential
knowledge and skills. The primary root of this predicament lies in the inadequate quality of
school education nationwide. Annual surveys like the National Assessment Surveys
consistently reveal dismal learning outcomes among students across various grades. It is
imperative, therefore, to prioritize the enhancement of the quality of school education in
India in order to improve the learning levels of our students. This important step will bring
us closer to realizing the vision of the RTE Act of creating an inclusive and equitable society.
3. The Right of Children to Free and Compulsory Education (Amendment) Bill, 2023
aims to bring significant changes to the existing Right of Children to Free and Compulsory
Education Act, 2009, aligning it with the principles and objectives of the National Education
Policy (NEP) 2020 and thereby improve learning infrastructure, and prioritizing foundational
literacty and numeracy skills. This amendment bill seeks to address the prevailing challenges
in the education system and further enhance the quality of education in India. The Bill aims
to incorporate the following provisions:
(i) Inclusion of Early Childhood Education (ECE): The amendment proposes to expand
the scope of the Right to Education Act by including Early Childhood Education within its
purview. This expansion recognizes the critical importance of a strong educational foundation
from an early age and ensures a seamless learning journey for students, promoting successful
completion of schooling.
(ii) Extension of Right To Education to Higher Education: The amendment also seeks
to extend the Right to Education Act to encompasss higher education. This move aims to
bridge the gap and provide equal opportunities for quality education to all students,
regardless of their socio-economic background or geographical location.
(iii) Alignment with the National Education Policy 2020: The proposed amendment
bill aligns the Right to Education Act, 2005 with the National Curriculum Framework introduced
under the NEP 2020. This alignment ensures a unified and integrated approach to education,
enhancing the effectiveness of curriculum implementation and fostering cooperation
among states in the spirit of cooperative federalism.
(iv) Universal Provision of Learning Infrastructure: The amendment emphasizes the
need to provide comprehensive learning infrastructure to benefit both teachers and students.
This includes robust teacher development and training modules, high-quality teaching and
learning materials, and frameworks for formative and summative assessments. These
provisions will enhance classroom instruction and practices, ensuring a conducive learning
environment for students.
(v) Prioritization of Foundational Literacy and Numeracy (FLN) Skills: The amendment
bill recognizes the criticality of foundational learning and underscores the importance of
acquiring foundational literacy and numeracy skills. This emphasis aligns with the NEP
2020's vision and strengthens the implementation of the NIPUN Bharat Mission, which aims
to ensure that all children acquire FLN skills by 2026/27.
Hence, the Bill.
IRANNA KADADI
Bill No. II of 2024
A Bill further to amend the Hindu Marriage Act, 1955.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Hindu Marriage (Amendment) Act, 2024. Short title
and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
25 of 1955.
2. In the Hindu Marriage Act, 1955, after section 7, the following new section shall be Insertion of
inserted, namely: new section 7A.
"7A. (1) This section shall apply to any marriage between any two Hindus, whether Special
called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnized provision
in the presence of relatives, friends or other persons- regarding
suyamayathai
and
seerthiruththa
marriages.
(a) by each party to the marriage declaring in any language understood by the
parties that each takes the other to be his wife or, as the case may be, her husband; or
(b) by each party to the marriage garlanding the other or putting a ring upon
any finger of the other; or
(c) by the tying of the thali.
(2) (a) Notwithstanding anything contained in section 7, but subject to the
other provisions of this Act, all marriages to which this section applies solemnized
after the commencement of the Hindu Marriage (Amendment) Act, 2024 shall be good
and valid in law.
(b) Notwithstanding anything contained in section 7 or in any text, rule or
interpretation of Hindu law or any custom or usage as part of that law in force
immediately before the commencement of the Hindu Marriage (Amendment) Act, 2024
or in any other law in force immediately before such commencement or in any
judgement, decree or order of any court, but subject to sub-section (3), all marriages
to which this section applies solemnized at any time before such commencement shall
be deemed to have been with effect on and from the date of the solemnization of each
such marriage, respectively, good and valid in law.
(3) Nothing contained in this section shall be deemed to-
(a) render valid any marriage referred to in clause (b) of sub-section (2), if
before the commencement of the Hindu Marriage (Amendment) Act, 2024, —
(i) such marriage has been dissolved under any custom or law; or
(ii) the woman, who was a party to such marriage whether during or after
the life of the other party thereto, lawfully married another, or
(b) render invalid a marriage between any two Hindus solemnized at any time
before such commencement, if such marriage was valid at that time; or
(c) render valid a marriage between any two Hindus solemnized at any time
before such commencement, if such marriage was invalid at that time on any ground
other than that it was not solemnized in accordance with the customary riles and
ceremonies of either party thereto:
Provided that nothing contained in this sub-section shall render any person
liable to any punishment whatsoever by reason of anything done or omitted to be
done by him before such commencement.
(4) Any child of the parties to a marriage referred to in clause (b) of sub-section (2),
born of such marriage shall be deemed to be their legitimate child:
Provided that in a case falling under sub-clause (i) or sub-clause (ii) of clause (a)
of sub- section (3), such child was begotten before the date of dissolution of the
marriage or, as the case may be, before the date of the second of the marriages referred
to in the said sub-clause (ii)."
STATEMENT OF OBJECTS AND REASONS
The Self-Respect was a social movement founded by Thanthai Periyar. One of the
major sociological changes made through the movement was the self-respect marriage
system, which encouraged inter-caste marriages, widow re-marriages which were opposed
vehemently by conservative groups. It was the vision of Periyar to do away with the
unnecessary rituals and ceremonies of conventional marriages, which were often dominated
by Brahmin priests and often put the families under the burden of debt and dowry. Further,
the then Hindu marriage ceremonies were conducted in Sanskrit, which the Tamil people did
not understand, and hence the rituals and practices were based solely on blind adherence.
Furthermore, due to the prevalent practice of child marriage and very poor health
facilities, there were a high number of widows in the society. However, women like Sivagami
Ammaiyar, who were widowed at the age of 11 years, were given a new lease of life by the
widow re-marriage principles of the self-respect movement.
Self-respect marriages have been in practice since 1928. Tamil Nadu became the first
state to legalize Hindu marriages conducted without a Brahmin priest. This was implemented
through the Hindu Marriage Act (Tamil Nadu Amendment) Act, 1967 (Tamil Nadu Act 21 of
1967), which inserted Section 7A after section 7 of the Hindu Marriage Act, 1955 (Central Act
25 of 1955), to render Suyamariyathai (self-respect) and Seerthiruttha (reformist) marriages
as legal when solemnized in the presence of friends, relatives. It is felt that it would be in the
interest of the people at large to include this amendment into the Central legislation thus
making it applicable to the entire country.
Hence this Bill.
R. GIRIRAJAN
Bill No. XXII of 2024
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, be notification
in the Official Gazette, appoint.
2. For article 263 of the Constitution, the following article shall be substituted, Substitution of
namely:- article 263.
"263. (1) There shall be established an inter-State Council charged with the Inter-State
duty of- Council
(a) inquiring into and advising upon disputes which may have arisen
between States;
(b) investigating and discussing subjects in which some or all of the
States, or the Union and one or more of the States, have a common interest;
(c) making recommendations upon any such subject and, in particular,
recommendations for the better co-ordination of policy and action with respect
to that subject; and
(d) deliberating and making recommendations on such other matters of
general interest to the States, as may be referred to it by the President.
(2) Parliament may by law determine the composition of the Council, the manner
in which the Chairman and members of the Council shall be selected or appointed and
related matters.
(3) The Council shall meet at least thrice in a year and at any time at the request
of any member thereof.
(4) The Council shall determine its own procedure and shall have such powers
in the performance of its functions as the Parliament may by law confer on it.
(5) The Council shall present to the President, annually and at such other times
as the Council may deem fit, reports containing its advice or recommendations.
(6) The President shall cause all such reports to be laid before each House of
Parliament along with a memorandum explaining the action taken or proposed to be
taken on the recommendations relating to the Union and the reasons for the non-
acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which
any State Government is concerned, a copy of such report shall be forwarded to the
Governor of the State who shall cause it to be laid before the Legislature of the State
along with a memorandum explaining the action taken or proposed to be taken on the
recommendations relating to the State and the reasons for the non- acceptance, if
any, of any of such recommendations.
3. In the Seventh Schedule to the Constitution, in List III-Concurrent List, after Amendment
entry 47, the following entry shall be inserted, namely,:- of the
Seventh
Schedule.
"48. Management of Disasters and Emergencies, natural or man-made."
4. In the Eighth Schedule to the Constitution— Amendment
of the Eighth
Schedule.
(a) the existing entry 3 shall be re-numbered as entry 4, and before entry 4 as so
re-numbered, the following entry shall be inserted, namely:—
"3. Bhumij."
(b) the existing entries 4 to 6 shall be re-numbered as entries 5 to 7 respectively.
(c) the existing entry 7 shall be re-numbered as entry 9, and before entry 9 as so
re-numbered, the following entry shall be inserted, namely:-
"8. Ho."
(d) the existing entries 8 to 9 shall be re-numbered as entries 10 to 11 respectively.
(e) the existing entry 10 shall be re-numbered as entry 13, and before entry 13
as so re-numbered, the following entry shall be inserted, namely:—
"12. Kui."
(f) the existing entries 11 to 13 shall be re-numbered as entries from 14 to 16
respectively.
(g) the existing entry 14 shall be re-numbered as entry 18, and before entry 18 as
so re-numbered, the following entry shall be inserted, namely:—
"17. Mundari."
(h) the existing entries 15 to 18 shall be re-numbered as entries 19 to 22
respectively.
(i) the existing entry 19 shall be re-numbered as entry 24, and before entry 24
as so re-numbered, the following entry shall be inserted, namely:—
"23. Saora."
(j) the existing entries 20 to 22 shall be re-numbered as entries 25 to 27
respectively.
STATEMENT OF OBJECTS AND REASONS
Article 263 of the Constitution envisions the establishment and functioning of the
Inter-State Council (ISC), a vital institution aimed at fostering cooperative federalism and
harmonizing relations between the Union and State Governments. It is a critical instrument
for strengthening our democratic fabric and promoting the principles of federalism as
enshrined in the Constitution of India. However, the historical trajectory of ISC meetings
has revealed notable inconsistencies in fulfilling its mandate, thereby underscoring the
need for reform.
The vision for this reform is deeply rooted in the principles of cooperative federalism,
which are essential for the healthy functioning of our democracy. The Justice MM Punchhi
Commission's report in 2010 emphasized the importance of cooperative federalism and
underscored that effective consultation among all levels of Government is essential for its
success.
Recognizing that the strained relationship between the Union and State Governments
can hinder the nation's progress, the proposed amendments to Article 263 are a crucial step
towards achieving national unity and fostering growth by ensuring a robust and functional
mechanism for resolving differences and promoting dialogue.
This proposal seeks to reinvigorate the Inter-State Council, in alignment with the
principles of cooperative federalism, and underscores the importance of amending
Article 263 to empower the ISC in effectively addressing inter-State and Union-State
Government matters. These reforms are pivotal in fostering national growth and unity.
India's distinctive geographic, climatic, and socio-political conditions render it
susceptible to a wide range of both natural and man- made disasters. The National Disaster
Management Authority's annual reports effectively illustrate our nation's vulnerability.
Specific regions, like Odisha, are recurrently exposed to natural disasters, primarily cyclones.
These catastrophic events have inflicted substantial economic losses and the displacement
of marginalized populations nationwide.
The comprehensive scope of disaster management encompasses various activities,
including preparedness, early warning systems, rescue operations, relief efforts, and
rehabilitation initiatives. Disasters encompass a broad range, spanning natural calamities,
health-related crises such as epidemics and pandemics, industrial accidents, and disasters
arising from hostile actions, such as terrorism. Within this overarching framework, it becomes
evident that several existing entries in the three lists of legislative powers pertain to areas
relevant to disaster management.
For instance, "Public order" falls under the State List, as does "Public Health." Entries
14 and 17 in the State List pertain to Agriculture and Water, respectively. Environment and
Social Security are included in the Concurrent List, while Atomic Energy and Railways are
part of the Union List. Furthermore, after the Constitution 73rd and 74th amendments, all
civic responsibilities have been delegated to local governing bodies.
The Disaster Management Act of 2005 was enacted by the Parliament, invoking its
jurisdiction under entry 23 of List III, which pertains to “Social security and social insurance;
employment and unemployment." Many State Governments have subsequently enacted
their own legislation on similar lines. The proliferation of laws and the dispersion of relevant
entries across different lists result in confusion regarding the allocation of legislative
responsibilities and resources. This underscores the imperative for a specific entry related
to disaster management, aligning with the recommendations of the Venkatachaliah
Commission in 2002 and the Second Administrative Reforms Commission in 2006.
It is therefore, proposed to amend the Seventh Schedule to the Constitution with a
view to add an entry "Management of Disasters and Emergencies, natural or man-made" in
List III (Concurrent List), so that the Central Government could play its role in the area of
disaster management.
Language is not merely a tool for communication; it is a vessel of human heritage, a
repository of identity, history, culture, and traditional wisdom. Recognizing this profound
role, the Eighth Schedule to the Constitution acknowledges 22 languages as national
languages, spoken and written by our citizens. However, it is disheartening to note that
tribal languages such as Bhumij, Ho, Kui, Mundari, and Saora with their rich cultural tapestries
do not find a place in the Eighth Schedule.
The linguistic landscape of eastern India is a canvas adorned with a diverse array of
indigenous languages, each weaving its own unique history and cultural significance.
Bhumij, an Austroasiatic language, is spoken by the Bhumij people in Jharkhand,
Odisha, and West Bengal. According to the 2011 census, around 27,506 people speak
Bhumij. The script used for Bhumij is called Ol Onal and was created by Mahendra Nath
Sardar. However, some people also use the Bengali script, the Odia alphabet, or Devanagari.
The Ho language is spoken by the Ho, Munda, Kolha, and Kol tribal communities in
Odisha, Jharkhand, Bihar, Chhattisgarh, West Bengal, and Assam. According to the 2011
census, around 1,421,418 people speak Ho. The language is written in Romanized
transcription, Hindi-based Devanagari, Odia script, and the indigenous Warang Chiti script,
created by Ho pandit Lako Bodra in the early 1950s. Its cultural significance is highlighted
by its recognition by the University Grants Commission of India (UGC) and its inclusion in
UGC exams under the Tribal and Regional Language/Literature group. Additionally, Ho
gained recognition in the mass media when All India Radio started broadcasting songs and
programs in the Ho language.
Kui, a south-central Dravidian language, is spoken by the Kandhas in the eastern
Indian State of Odisha. According to the 2011 census, around 941,488 people speak Kui.
The language is written in the Odia script. It has historical connections with Kuinga, which
is closely linked to the Gondi and Kuvi languages.
The Munda tribes speak the Mundari language in the eastern Indian States
of Jharkhand, Odisha, and West Bengal. According to the 2011 census, approximately
1,128,228 people speak Mundari. It is closely related to Santali, and its script, Mundari Bani,
was created by Rohidas Singh Nag. The language is written in various scripts, including
Devanagari, Odia, Bengali, and Latin.
Saora is a language spoken by the Sora people, an ethnic group in eastern
India, mainly in Odisha and Andhra Pradesh. According to the 2011 census, about
409,549 individuals speak Saora. The language is expressed in various ways, including
Odia, Telugu, and Latin script, and the native writing system, Sora Sompeng, created by
Mangei Gomango in 1936. The region's cultural richness is reflected in the enduring presence
of Saora, echoing through time.
Including Bhumij, Ho, Kui, Mundari, and Saora languages in the Eighth Schedule will
fulfil the long-standing demands and aspirations of the tribal communities speaking these
five languages. To promote, integrate, and empower these languages, and to safeguard the
culture and traditions of those who speak them, it is imperative that these languages be
accorded the recognition they deserve by being included in the Eighth Schedule of the
Constitution.
The Bill seeks to achieve the above-said objectives.
SASMIT PATRA
Bill No. XXIV of 2024
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the (Amendment) Act, 2024. Short title and
commencement.
(2) It shall come into force on such date, as the Central Government may, by notification
in the Official Gazette, appoint.
2. In article 164 of the Constitution, for clause (1), the following shall be substituted, Amendment
namely,- of Article 164.
"(1) The Chief Minister shall be appointed by the Governor and the other
Ministers shall be appointed by the Governor on the advice of the Chief Minister, and
the Ministers shall hold office till such time they enjoy the confidence of the Legislative
Assembly of the State."
STATEMENT OF OBJECTS AND REASONS
The concept that the Queen reigns, but the Ministers rule, is the bedrock of the
Westminster system. However, the adoption of colonial expressions that impregnates
principles of constitutional monarchy into a republican Constitution can result in the said
expressions being interpreted against the spirit of the Constitution. The concept of "serving
during the pleasure” is archaic and a modern Constitution demands that such vestiges of
colonial rule be dropped to strengthen its republican nature.
Accordingly, the Bill seeks to amend clause (1) of article 164 of the Constitution
pertaining to the appointment and term of the Council of Ministers in a State by providing
that they shall hold office till such time they enjoy the confidence of the Legislative Assembly
of the State instead of 'during the pleasure of the Governor', as provided at present. This
amendment will do awaywith the present archaic phraseology and bring it in consonance
with the constitutional form of Government.
Hence this Bill.
A. A. RAHIM
Bill No. XXVII of 2024
A Bill to amend the Bharatiya Nyaya Sanhita, 2023.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Bharatiya Nyaya Sanhita (Amendment) Act, 2024. Short title and
commencement.
(2) It shall come into force at once.
45 of 2023.
2. In the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the principal Act), Amendment
in section 63, Exception. 2 shall be omitted. of Section 63.
3. Section 83 of the principal Act shall be omitted. Omission of
Section 83.
4. In the principal Act, after section 110, the following new section shall be inserted, Insertion of
namely, new Section
110A.
"110A. Whoever, voluntarily harms the dignity or right of a dead person, shall Punishment
be punished with imprisonment which may extend to ten years and shall also be liable for harming
to fine." the dignity or
right of a
dead person.
STATEMENT OF OBJECTS AND REASONS
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya
Sanhita, 2023 (BNS). The main ground of the Government to replace the Code was that
the existing criminal law reflected colonial outlook and to get rid of the colonial past, a
new law is required. There is no doubt that colonial moral imprints were clearly visible
in the provisions that criminalized homosexuality, adultery, enticing married women
and even marital rape exemption in the Indian Penal Code (IPC). However, it seems that
the Government failed to grab the opportunity to truly decolonise the law.
2. While the BNS has dropped the provisions on criminalizing adultery
(Section 497 IPC), thus giving effect to the Supreme Court decision in Joseph Shine v.
Union of India (2019), it continues to retain the provisions on enticing a married
woman (Section 83) and the marital rape exemption (Section 63, Exception 2). Section
498 of the repealed IPC criminalized enticing or taking away a married woman with the
intention of sexual intercourse. Since, women were perceived as a property of their
husbands, any form of sexual transgression with a wife is considered an infringement
of the husband's proprietary right over her. The section was designed to protect the
right of the husband and not the wife. Similar is the case of retention of marital rape
exemption from the IPC in BNS, based on the belief that husbands have ownership over
their wives post marriage. This exemption to the offence of rape grants immunity to the
husband to have non-consensual sexual intercourse with their wives. This is even
when marital rape has been recognized as cruelty and a ground for divorce. All of this
is at the cost of women's dignity, bodily integrity and her right to sexual autonomy.
Therefore, these provisions should be deleted from the BNS.
3. Further in Rangaraju and Vajapeyi Vs. State of Karnataka, the Karnataka
High Court has observed that the act of sexual harassment or assault on a dead body
does not come under any of the provisions of the Indian Penal Code (IPC). The Court
has recommended that the IPC should be amended to make necrophilia, i.e., sexual
attraction or act involving a person engaging in sexual activities with a deceased body,
an offence. The Division Bench passed the order acquitting the accused from the
charges of raping a 25 year old woman after murdering her.
4. Necrophilia is a paraphilia in which the perpetrator derives pleasure from a
heinous crime such as having sex with dead bodies. Necrophilia is a "psychosexual
disorder" identified as a “paraphilia” by the DSM-IV (Diagnostic and Statistical Manual
of Mental Disorders) which includes pedophilia, exhibitionism and sexual mutilation.
5. Even in the new Nyaya Sanhita, a dead person does have right and dignity.
Section 315 of the BNS recognizes dishonest misappropriation of the dead man's
property, as an offence. Further, section 351 of BNS, which deals with defamation,
stipulates that libel or slander against a dead person also constitutes the offence of
criminal defamation. Section 356 of the same law, which defines criminal intimidation,
includes threatening a person with injuring the reputation of a dead person dear to him,
as an offence. Section 301, deals with the offence of trespassing on burial grounds etc.,
states that if any person offers any indignity to any human corpse, or causes disturbance
to any person assembled for the performance of funeral ceremonies, shall be punished
with imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
6. The Supreme Court in its various judgements has held that the right to dignity
prevails even after death. In S. Sethu Raja Vs. The Chief Secretary (W.P. (MI) No. 3888
of 2007), the petitioner had brought to the court's attention, the Supreme Court's stand
on right to accord decent burial or cremation to a dead body. The Supreme Court's
stand be interpreted from its decision in Ram Sharan Autyanuprasi Vs. Union of India
(AIR 1989 Supreme Court 549) in which it held thus,
"13... It is true that the life in its expanded horizons today includes all that
give meaning to a man's life including his tradition, culture and heritage and
protection of that heritage in its full measure would certainly come within the
encompass of an expanded concept of Art. 21 of the Constitution."
Further the Apex Court in Pt. Parmanand Katara Vs. Union of India (1995 (3)
SCC 248) had observed thus,
"the word and expression “person in article 21, would include a dead
person in a limited sense and that his rights to his life which includes his right
to live with human dignity, to have an extended meaning to treat his dead body
with respect, which he would have deserved, had they been alive subject to his
tradition, culture and the religion, which he professed. The State must respect a
dead by allowing the body of that dead person to be treated with dignity and
unless it is required for the purposes of establishing a crime, to ascertain the
cause of death and the subjected to post-mortem or for any scientific
investigation, medical education or to save life of another person in accordance
with the law, the preservation of the dead body and its disposal in accordance
with human dignity"
In Ashray Adhikar Abhiyan Vs. Union of India (AIR 2002 SC 554) the Supreme
Court had upheld the right of a homeless deceased to have a decent burial as per their
religious belief and the corresponding obligation of the State towards such people.
7. Many countries in the world have laws on necrophilia. In the UK, any kind of
sexual harassment or inappropriate physical conduct with a dead body is against the
law, and conviction in this case can lead to a jail term of six months to two years or a
fine. Legislation against necrophilia also exists in Canada, New Zealand and South
Africa. In Canada, without using the word necrophilia, it is mentioned that maximum
sentence of 5 years can be cited for harming the dignity and rights of a dead body.
At the same time, in New Zealand, a provision has been made for a maximum punishment
of 2 years regarding this law.
8. It is therefore the need of the society that a law for providing punishment for
necrophilia should be made by creating a new offence under BNS.
The Bills seeks to achieve the above said objectives.
A.D. SINGH
Bill No. XXVIII of 2024
A Bill to provide for the protection of traditional handloom silk weavers in the country
particularly in Bhagalpur in Bihar and for welfare measures including life insurance
coverage, healthcare educational facilities to the children of such weavers
and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Traditional Handloom Silk Weavers (Protection and
Welfare) Act, 2024. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires:- Definitions.
(a) "Council" means the National Traditional Handloom Silk Weavers Welfare
Council constituted under section 4;
(b) "Fund" means the Traditional Handloom Silk Weavers Welfare Fund
constituted under section 6;
(c) "prescribed" means prescribed by rules made under this Act; and
(d) "traditional handloom silk weavers" means any person who for at least two
generations is engaged in the weaving of handloom silk and whose only source of
income is the money he/she earns from weaving and selling such silk products.
3. The Central Government shall, as soon as may be, but within one year from the National
commencement of this Act, formulate, in consultation with the Governments of the States Policy for the
having substantial population of traditional handloom silk weavers, a National Policy for welfare
the welfare of traditional handloom silk weavers and their families and for the protection of of traditional
their rights and interests. handloom silk
weavers.
Explanation. For the purposes of this section and sections 4 and 6, the Central
Government shall prescribe the percentage of households of traditional handloom silk
weavers to the total households in a State for determination of the States having substantial
population of such weavers.
4. (1) The Central Government shall, as soon as may be, by notification in Official Constitution
Gazette, constitute a Council to be known as the National Traditional Handloom Silk Weavers of the
Welfare Council for carrying out the purposes of this Act. National
Traditional
Handloom
Silk Weavers
Welfare
Council.
(2) The Council shall consist of—
(a) a Chairperson having adequate knowledge and professional experience in
the handloom weaving sector, to be appointed by the Central Government in such
manner as may be prescribed;
(b) a Vice Chairperson, to be appointed by the Central Government with such
qualification and in such manner as may be prescribed;
(c) five Members of Parliament, of whom three shall be from the House of the
People and two shall be from the Council of States, to be nominated by the Presiding
Officers of the respective Houses;
(d) three members to represent the traditional handloom silk weavers across the
country to be appointed by the Central Government in such manner as may be
prescribed;
(e) four members to represent the Union Ministries of Textiles, Finance, Planning
and Labour and Employment, to be appointed by the Central Government in such
manner as may be prescribed; and
(f) four members to be nominated by the Government of the States having
substantial population of traditional handloom weavers on rotation basis in alphabetical
order.
(3) The Council shall be a body corporate by the name aforesaid, having perpetual
succession and common seal, with power to acquire, hold and dispose of property both
movable and immovable and to contract and shall, by the said name, sue or be sued.
(4) The term of office and other conditions of service of the Chairperson, Vice
Chairperson and members of the Council and the procedure to be followed in the discharge
of the functions of the Council shall be such as may be prescribed.
(5) The salary and allowances payable to, and other terms and conditions of the
service of the Chairperson and non-official members of the Council shall be such as may be
prescribed.
(6) The headquarter of the Council shall be at Bhagalpur in the State of Bihar.
(7) The Council may establish its offices at such other places, as it may deem necessary
for carrying out the purposes of this Act.
(8) The Council shall have a Secretariat with such number of officers and members of
staff and on such terms and conditions of service as may be prescribed.
5. (1) The Council shall, subject to guidelines issued by the Central Government in Functions of
this regard, in coordination with the State Governments concerned, take steps for the the Council.
overall welfare of traditional handloom silk weavers including, removal of poverty and
indebtedness, raising the standard of living and ensuring easy availability of raw materials
and markets for the sale of the handloom silk products.
(2) Without prejudice to the generality of the foregoing provisions, the Council
shall,-
(a) implement the National Policy for the traditional handloom silk weavers
formulated under section 3;
(b) maintain records of traditional handloom silk weavers in all villages and
districts throughout the country;
(c) provide tools and techniques for weaving to the traditional handloom silk
weavers;
(d) encourage and provide all necessary assistance to traditional handloom
silk weavers cooperatives;
(e) organize exhibitions, melas and such other activities to promote traditional
handloom silk products in different parts of the country;
(f) make suitable arrangements for the purchase of traditional handloom silk
products by Government agencies;
(g) encourage export of traditional handloom silk products; and
(h) perform such other functions as may be assigned to it by the Central
Government from time to time.
6. (1) The Central Government shall, by notification in the Official Gazette, establish Establishment
a Fund to be known as the Traditional Handloom Silk Weavers Welfare Fund with a corpus of the
of rupees two thousand crore and thereafter shall contribute to the Fund from time to time Traditional
after due appropriation made by Parliament by law in this behalf along with the Governments Handloom
of the States, having substantial population of traditional handloom silk weavers, in such Silk Weavers
ratio as may be prescribed. Welfare Fund.
(2) There shall also be credited to the Fund such other sums as may be received by
way of donations, contributions, assistance or otherwise from individuals, body corporates,
financial institutions, firms and partnerships.
(3) The Fund shall be administered by a Board of Trustees, which shall be constituted
by the Central Government in such manner as may be prescribed.
(4) The Fund shall be utilized for providing:-
(a) interest free loans to traditional handloom silk weavers for the purchase of
raw materials, looms, tools etc;
(b) ex-gratia payments at prescribed rates to each of the bereaved families of
traditional handloom silk weavers who die in any accident related to weaving;
(c) life insurance cover to traditional handloom silk weavers and their families;
(d) healthcare facilities to traditional handloom silk weavers and their dependent
family members;
(e) financial assistance to traditional handloom silk weavers for the repair of
looms and tools;
(f) unemployment allowance during illness or financial crisis during lean periods;
(g) educational facilities and vocational training to the wards of traditional
handloom silk weavers; and
(h) such other welfare measures as may be prescribed.
7. The Central Government shall, after due appropriation made by Parliament by law in Central
this behalf, provide to the Council such sums as may be considered necessary for the Government
efficient functioning of the Council. to provide
Funds.
8. (1) The Council shall prepare, in such form and manner, as may be prescribed, an Annual
annual report giving a true and full account of its activities during the previous year and Report.
submit it to the Central Government.(2)
The Central Government shall cause the report submitted to it under sub-section (1) to be
laid before each House of Parliament.
9. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order published in the Official Gazette, make such provisions, not remove
inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for difficulties.
removing the difficulty:
Provided that no such order shall be made after the expiry of the period of two years
from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be, after it is made, be
laid before each House of Parliament.
10. The provisions of this Act shall be in addition to and not in derogation of any Act not in
other law for the time being in force regulating any of the matters dealt within this Act. derogation of
any other law.
11. (1) The Central Government may, by notification in the Official Gazette, make rules Power to
for carrying out the purposes of this Act. make rules.
(2) Every rule made by the Central Government under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
STATEMENT OF OBJECTS AND REASONS
India is the second largest silk producer and the largest consumer in the world. The
demand of silk goods, particularly silk sarees, is so high that India needs to import large
quantity of raw silk to meet the domestic demand. The major silk- producing states in the
country are Andhra Pradesh, Assam, Bihar, Gujarat, Jammu & Kashmir, Karnataka,
Chhattisgarh, Maharashtra, Tamil Nadu, Uttar Pradesh, and West Bengal. The country's
sericulture industry employs around 9.2 million people in rural and semi-urban areas (as per
year 2022-23) for raw silk cultivation, production of silk goods and marketing activities.
The industry is one of the largest foreign exchange earners in the country with exports to
more than 30 countries in the world. The sericulture activities in India are spread across
52,360 villages.
2. As far as woven silk products are concerned, there are two major categories: hand-
woven silk products and power loom silk products. Handloom products are woven by hand
on simple machine loom and power loom sarees by machine, powered with the electric
motor. Handloom is a dying skill, rapidly being replaced by power loom as it produces fast
and at cheaper rates.
3. The handloom silk industry run by traditional weavers is facing many challenges in
different ways including price fluctuation of raw silk, and competition from synthetic fibers.
The conditions of traditional silk weavers in the country are pathetic and they are facing a
lot of difficulties in keeping the heritage alive.
4. A case in point is the weavers of Bhagalpur, Bihar, once called the Silk City of Bihar.
Five years back, there used to be around two lakh weavers in Bhagalpur, but now
only 60,000 weavers are there and the business from the place has also come down from
Rs. 600 crore in 2015 to Rs. 150 crore at present. Bhagalpur silk is a renowned product in the
world and has got the Government's Geographical Indication tag, in view of its quality and
distinctiveness. Around 1000 weavers of the place have GI certificates. Bhagalpur Silk
Sarees boast a rich heritage that dates back to centuries. Crafted by skilled artisans using
traditional techniques passed down through generations, the sarees embody the cultural
essence of the region. The art of weaving Bhagalpur Silk is deeply ingrained in the local
community with weavers meticulously creating each saree with passion and expertise.
Earlier, the core process of extracting the filaments from cocoons to preparing yarn, used to
take place in Bhagalpur, but now the yarn is being procured from other cities like Surat,
Ahmedabad, Bengaluru and Kolkata, which sometimes gets mixed with silk imported from
China and Korea. In view of the reducing demand of handloom sarees and the rising cost of
the yarn, the silk industry of Bhagalpur is dying. The traditional weavers who have worked
for generations are leaving the city or are opting for some other occupation for their livelihood
as there is no business. These weavers need incentives and subsidies, uninterrupted power
supply, continuous work, and housing facilities.
5. In the same way, there are millions of traditional handloom silk weavers spread
across various parts of our country. On the one hand, silk export is increasing, earning
huge foreign exchange and on the other hand, the handloom silk weavers and their families
live in abject poverty nearly hand to mouth. There are many problems experienced by
traditional handloom silk weavers, including limited facilities, and extreme competition from
power looms, fluctuating cost of raw material, etc. For most of the traditional handloom silk
weavers, it is their family profession, which passes on from one generation to other and
their entire families are involved in this profession. For them, weaving is the only source of
their livelihood and prosperity. It is important to stand for these people and value their art,
tradition, time, skill and effort that goes into making these exquisite handloom sarees and
other products.
6. Since the poor handloom silk weavers are part and parcel of our society and ours
being a welfare State, it is necessary that the handloom silk weavers too are provided with
adequate insurance cover against accidents, healthcare, financial assistance in case of
need, educational, vocational facilities for their children, etc. Urgent remedial measures
have to be taken for the welfare and protection of traditional handloom silk weavers. It has,
therefore, been proposed through this Bill to establish the National Traditional Handloom
Silk Weavers Welfare Council and also the Traditional Handloom Silk Weavers Welfare
Fund to improve the plight of the traditional handloom silk weavers and save them from
starvation in various parts of our nation.
Hence this Bill.
A. D. SINGH
FINANCIAL MEMORANDUM
Clause 4 of the Bill seeks to constitute the National Traditional Handloom Silk Weavers
Welfare Council along with a secretariat with such number of officers and staff to aid the
efficient functioning of the Council. Clause 5 provides for certain steps to be taken by the
Council for ensuring the welfare of traditional handloom silk weavers. Clause 6 provides for
the constitution of the Traditional Handloom Silk Weavers Welfare Fund. Clause 7 provides
that the Central Government shall provide Funds to the Council.
The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of
India. It is estimated that a sum of Rupees five hundred crore is likely to be involved as
recurring expenditure per annum.
A non-recurring expenditure of rupees two hundred crore is also likely to be incurred.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 9 of the Bill empowers the Central Government to make provisions through an
order to remove any difficulties likely to arise in giving effect to the provisions of the Bill, if
enacted. Clause 11 of the Bill empowers the Central Government to make rules for carrying
out the purposes of the Bill.
As the orders and rules will relate to matters of detail only, the delegation of legislative
power is of a normal character.
Bill No. XXX of 2024
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title and
commencement.
(2) It shall come into force at once.
2. In article 124 of the Constitution, after clause (7), the following new clauses shall be Amendment
inserted, namely:— of article 124.
"(8) No person who has held office as a Judge of the Supreme Court, shall be
eligible for any further office under the Constitution or under the Government of India
or under the Government of any State after he has ceased to hold his office:
Provided that such Judge shall be eligible for any further office created under a
law passed either by the Parliament or any State Legislature.
(9) No person who has held office as a Judge of the Supreme Court, shall be
eligible to join any political party or to be nominated to any political post by either the
Central or the State Government after he has ceased to hold his office.".
3. In article 148 of the Constitution, after clause (4), the following new clause shall be Amendment
inserted, namely:- of article 148.
"(44) No person who has held office as the Comptroller and Auditor General
shall be eligible to join any political party or to be nominated to any political post by
either the Central or the State Government.".
4. After article 220 of the Constitution, the following new article shall be inserted, Amendment
namely:- of article
220A.
"220 A. (1) No person who has held office as a Judge of a High Court shall be Prohibition
eligible for any further office under the Constitution or under the Government of India for holding of
or under the Government of any State after he has ceased to hold his office: offices by a
Judge of a
High Court
after
demitting
office.
Provided that such Judge shall be eligible for any office created under a law
passed either by the Parliament or any State legislature.
(2) No person who has held office as a Judge of the High Court shall be eligible to join
any political party or to be nominated to any political post by either the Central or the State
Government after he has ceased to hold his office.".
5. After article 309 of the Constitution, the following new article shall be inserted Insertion of
namely:- new artical
309A.
"309A. (1) Notwithstanding any law made or rules framed under article 309, no Restrictions
person who has held any appointment to public services or any post in connection for holding of
with the affairs of the Union or of any State shall be eligible,— offices by
persons
serving the
Union or a
State after
demitting
office.
(i) for any further office under the Constitution or under the Government
of India or the Government of any State for a period of three years after he has
ceased to hold such post; and
(ii) to join any political party or to be nominated to any political post by
either the Central or the State Government for a period of three years after he has
ceased to hold such post.".
6. In article 319 of the Constitution, after clause (d), the following new clause shall be Amendment
inserted, namely:— of article 319.
"(e) the Chairman or a member other than the Chairman of the Union Public
Service Commission or the Chairman or a member other than the Chairman of the State
Public Commission shall be ineligible to join any political party or to be nominated to
any political post by either the Central or the State Government.".
7. In article 324 of the Constitution, after clause (6), the following new clause shall be Amendment
inserted, namely:- of article 324.
"(7) No person who has held office as the Chief Election Commissioner or the
Election Commissioner shall be eligible,-
(i) for any further office under the Constitution or under the Government
of India or under the Government of any State; and
(ii) to join any political party or to be nominated to any political post by
either the Central or the State Government,
after he has ceased to hold his office.".
STATEMENT OF OBJECTS AND REASONS
The Constitution of India works on the principles of checks and balances amongst
various organs of the State. The Executive is accountable to the Legislature. An independent
Judiciary keeps a check on the Executive and the Legislature as per the principles enshrined
in the Constitution. The Election Commission, Public Service Commission, Comptroller and
Auditor General (CAG) are required to perform their constitutional duties without any fear
and favour, and devoid of any interference from the Government. The independence of these
institutions is ensured through fixed tenure, financial independence, stringent removal
procedure and restrictions after demitting the office. As per article 124, a Judge of the Supreme
Court after ceasing to hold office cannot appear as a lawyer before any court or authority in
India. Article 220 provides similar restrictions on a Judge of a High Court except for appearance
before the Supreme Court or other High Courts. The CAG and the Chairman/Members of the
Public Service Commission cannot take up any other employment with Central or State
Governments after demitting office. These restrictions are laid down to avoid favouritism,
during the period of holding such positions, towards the Government in power with the
intent of securing any post-retirement benefits. However, there are no such restrictions for
the Judges of the Supreme Court and High Courts regarding any other office after retirement.
Further there are no such restrictions on any of them when it comes to joining political
parties, contesting elections or being nominated to certain posts. There are notable instances
of persons who held independent constitutional posts and later went on to join politics or
were nominated to various posts. There have been two Supreme Court Judges in 1967 and
1983, who resigned from their posts to contest the presidential and parliamentary elections
respectively. Another Supreme Court Judge joined a political party in Tamil Nadu and
contested elections five years after his retirement in 1999. A former Chief Election
Commissioner became a Rajya Sabha Member and Minister in 2004. A retired Chief Justice of
India was nominated to the Rajya Sabha in 2020 within four months of his retirement. Recently
a High Court Judge joined a political party immediately after taking premature retirement.
There have also been occasions where retired CAG and Judges have been appointed as
Governors of States.
Bureaucrats are also not far behind in appointment to constitutional posts or joining
political parties. Numerous bureaucrats have joined political parties and contested elections
after resigning from service or soon after their retirement. The Election Commission had in
2012 recommended to the Union Government to provide for a cooling-off period for top
bureaucrats after their retirement before they could join political parties and contest elections
but the Government rejected that recommendation. The Supreme Court had also dismissed a
writ petition in May, 2022 that sought a direction from the apex Court to the Legislature to
frame a law imposing a cooling-off period for retired bureaucrats before joining politics. The
Court observed that it is for the Legislature to determine whether a cooling-off period is
required for bureaucrats before they join politics after retirement. There are rules at present
which restrict a senior bureaucrat from joining a private job for at least one year after he or
she retires from Government service. But there is no restriction on appointment to
constitutional posts or on joining political parties.
The famous judicial quote that 'justice should not only be done but should also be
seen to be done' must be adhered to under all circumstances. This applies equally to Judges,
independent constitutional authorities and senior bureaucrats. It is an indispensable trait
while discharging their official functions. Extending this principle to the period even after
they demit office will have a salutary effect. A member of the Constituent Assembly, Shri K.T.
Shah, had suggested that Judges of constitutional courts should be legally barred from
occupying executive posts. But the Constituent Assembly did not find favour with this.
Former Union Law Minister had once advocated a cooling-off period for Judges saying "pre-
retirement judgments are influenced by a desire for a post-retirement job".
It is therefore proposed to have a cooling-off period of three years for joining political
parties or being nominated to political posts by the Government for bureaucrats. For Judges
and other independent constitutional authorities, it is proposed that there should be a total
ban on any further appointments except as required by law passed by the appropriate
legislature. This will instill confidence in the public at large and negate any allegations of
quid pro quo.
Hence, this Bill.
A. D. SINGH
Bill No. XXI of 2024
A Bill to provide for universal basic income to all citizens and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Right to Universal Basic Income Act, 2024. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires, - Definitions.
(a) "appropriate Government" means in the case of a State, the Government of
that State; in the case of a Union Territory, the Union Territory Administration and in
all other cases, the Central Government;
(b) "Board" means the National Advisory Board constituted under section 7 of
the Act;
(c) "citizen" means any Indian citizen above the age of eighteen years;
(d) "notification" means a notification published in the Official Gazette;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "universal basic income" means a stipulated financial grant as decided and
paid by the appropriate Government to all citizens.
CHAPTER II
RIGHT TO UNIVERSAL BASIC INCOME
3. Every citizen of India shall have the right to universal basic income. Right of
citizens to
universal basic
income.
4. The appropriate Government shall, while ensuring universal basic income to all Special
citizens, take special measures, in such manner as may be prescribed, to ensure a basic provisions for
standard of living for people who belong to the below poverty line category. people who
belong to
below poverty
line.
5. The appropriate Government shall, while ensuring universal basic income to all Special
citizens, take special measures, in such manner as may be prescribed, to ensure a basic provisions for
standard of living for people, who do not have any other source of income, especially the people
homeless people. without any
other source
of income.
6. The appropriate Government shall, while ensuring universal basic income to all Special
citizens, take special measures to ensure provision of basic nutrition to all children, for provision for
investing in a better future. children.
CHAPTER III
THE NATIONAL ADVISORY BOARD
7. (1) The Central Government shall, with effect from the appointed day, by notification Constitution
in the official Gazette, constitute, a Board to be called the National Advisory Board, for of the
advising the appropriate Government in the matter of fixing universal basic income and National
revising it from time to time, to account for inflation as per the Consumer Price Index. Advisory
Board.
(2)The Board shall be a body corporate by the name aforesaid having perpetual
succession and a common seal with power, subject to the provisions of this Act, to contract
and shall, by the said name, sued and be sued.
(3) The head office of the Board shall be at New Delhi and the Board may, if deemed
necessary, with the previous approval of the Central Government, establish offices at other
places in India.
(4) The Board shall have the power to regulate its own procedure.
8. (1) The Board shall consist of a Chairperson and such number of members, to be Composition
nominated from amongst the Members of both Houses of Parliament and the State Legislative of the Board.
Assemblies, in such manner as may be prescribed.
(2) The term of office of, the salary and allowances payable to, and other terms and
conditions of service of the Chairperson and members of the Board, shall be such as may be
prescribed by the Central Government.
9. The Board shall perform the following functions, namely:- Functions of
the Board.
(a) advising the appropriate Government in the matter of fixing and revising
universal basic income;
(b) develop a framework for implementation of the provisions of the Act including
the modalities involved in its practical implementation at the ground level;
(c) devising a mechanism to redress the grievances of the concerned parties;
(d) regularly monitor and review the implementation of the Act and submit
reports thereon to the appropriate Government in such form and manner and at such
time, as may be prescribed;
(e) recommend necessary changes in the provisions of the Act, as deemed
necessary, to keep pace with the changing times and requirements; and
(f) any other function as may be assigned to it.
10. (1) The Board may appoint such other officers and employees as it considers Officers and
necessary for the efficient discharge of its functions under this Act. employees of
the Board.
(2) The qualifications and experience, terms and conditions of service including salary
and allowances payable to the officers and employees of the Board shall be such as may be
prescribed.
11. The Board shall prepare every year, in such form and within such time as may be Annual
prescribed by the Central Government an annual report giving a true and full account of its Report.
activities during the previous year and copies thereof shall be forwarded to the Central
Government, who shall cause it to be laid before each House of Parliament, along with a
memorandum of action taken or proposed to be taken on the recommendations of the Board
and the reasons for non- acceptance of the recommendations, if any, within a period of one
year from the date of receipt of such report(s).
CHAPTER IV
DUTIES OF THE APPROPRIATE GOVERNMENT
12. It shall be the duty of the appropriate Government to, Duties of the
appropriate
Government.
(a) provide universal basic income to all citizens, either directly or indirectly, or
ensure employment which provides basic income to all citizens;
(b) ensure that no citizen be denied universal basic income on account of not
having a permanent address; and
(c) ensure that no citizen be denied the benefits of any existing subsidies or
welfare schemes or any reduction in the level of benefits received under such schemes
on account of provisions of this Act.
13. (1) The Central Government and the State Government shall have concurrent Sharing of
responsibility for providing funds for carrying out the provisions of this Act. financial and
other
responsibilities.
(2) The Central Government shall prepare the estimates of capital and recurring
expenditure for the implementation of the provisions of the Act.
(3) The Central Government shall provide to the State Governments, as grants-in-aid
of revenues, such percentage of expenditure referred to in sub- section (2), as it may determine,
from time to time, in consultation with the State Governments to undertake the monitoring,
administration and implementation of the Act.
(4) The Central Government may make a request to the President to make a reference to
the Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need
for additional resources to be provided to any State Government so that the said State
Government may provide its share of funds for carrying out the provisions of the Act.
(5) Notwithstanding anything contained in sub-section (4), the State Government
shall, taking into consideration the sums provided by the Central Government to a State
Government under sub-section (3), and its other resources, be responsible to provide funds
for implementation of the provisions of the Act.
(6) It shall be the duty of the State Government to monitor the implementation of this
Act, at the micro level, and prepare and submit a comprehensive report to the Central
Government, in such form and manner and at such time as may be prescribed.
(7) It shall be the duty of the Central Government to examine the report mentioned in
sub-section (6) and take necessary action thereon to ensure provision of universal basic
income to all citizens.
CHAPTER V
MISCELLANEOUS
14. The appropriate Government may issue such guidelines to local authorities, as it Appropriate
may consider necessary for carrying out the provisions of this Act. Government
to issue
guidelines.
15. The provisions of this Act shall be in addition to and not in derogation of the Act not in
provisions of any other law for the time being in force. derogation of
any other law.
16. The provisions of this Act and rules made there under shall have effect Act to have
notwithstanding anything inconsistent therewith contained in any other law for the time an overriding
being in force. effect.
17. (1) If any difficulty arises in giving effect to the provisions of this Act, the appropriate Power to
Government may, make such order or give such direction, not inconsistent with the provisions remove
of this Act, as may appear to be necessary or expedient for removing such difficulty. difficulties.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
18. (1) The appropriate Government may, by notification in the Official Gazette, make Powers of
rules, for carrying out the provisions of this Act. appropriate
Government
to make rules.
(2) Every rule made by the Central Government under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
(3) Every rule made by the State Government under this Act shall be laid, as soon as
may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists of one House, before that House.
STATEMENT OF OBJECTS AND REASONS
We are living in a highly iniquitous world where a microscopic minority is controlling
huge assets and the majority is poor and marginalized. One of the major problems faced by
the world is of inequality in the distribution of money, resources and opportunities. It is also
imperative to acknowledge society's obligation to guarantee a minimum living standard in
times of uncertain employment generation. Ensuring universal basic income will help every
citizen to gain some financial freedom and strive for his life goal. It will provide the necessary
material foundation for a life with access to basic goods and a life of dignity, but also promote
many of the basic values of a society which respects all individuals as free and equal. It will
also promote equality by reducing poverty, improve health conditions and educational
outcomes, promote efficiency by reducing waste in government transfers and even promote
greater productivity. The Bill aims to achieve an egalitarian society where individuals can
lead a dignified and healthy life by providing every citizen the right to universal basic
income.
V. SIVADASAN
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the right of all citizens to universal basic income.
Clause 4 provides for special provisions for people who belong to the below poverty line
category. Clause 5 provides for special provisions for people without any other source of
income and clause 6 provides for special provision for meeting the nutritional needs of
children. Clause 7 provides for constitution of the National Advisory Board and Clause 8 (2)
provides for the salaries and allowances payable to the Chairperson and Members of the
Board. Clause 10 (2) of the Bill provides for the salaries and allowances of the officers and
employees of the Board. states the duties of the appropriate Government. Clause 12 provides
that the Central Government shall provide adequate funds to the Board for carrying out the
functions assigned to it. Clause 14 provides for sharing of financial and other responsibilities
between Central Government and State Governments.
The Bill, therefore, if enacted, would involve both non-recurring and recurring
expenditure from the Consolidated Fund of India. However, at this juncture, it is difficult to
estimate the actual expenditure likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 15 of the Bill empowers the appropriate Government to issue guidelines.
Clause 18 provides that the appropriate Government may, make such order or give such
direction, as necessary for removing any difficulty to give effect to the provisions of this Bill.
Clause 19 empowers the appropriate Government to make rules to carry out the provisions of
this Bill.
As the guidelines, orders, directions and rules will relate to matters of details only, the
delegation of legislative power is of a normal character.
Bill No. XXIII of 2024
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title and
commencement.
(2) It shall come into force on such date, as the Central Government may, by notification
in the Official Gazette, appoint.
2. For article 3 of the Constitution, the following shall be substituted, namely:— Substitution of
Substitution of article 3. article 3.
"3. (1) Parliament may by law─ Formation of
new States and
alteration of
areas,
boundaries or
names of
existing States.
(a) form a new State by separation of territory from any State or by uniting two
or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State;
Provided that no Bill for the purpose shall be introduced in either House of Parliament
except on the recommendation of the President and unless, where the proposal contained in
the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by
the President to the Legislative Assembly of that State for its approval within such period as
may be specified in the reference.
(2) The Legislative Assembly of the State, to whom the Bill has been referred as per
clause (1), may either approve or reject the Bill by a majority of votes of the members present
and voting, within such period as may be specified in the reference.
(3) The Bill, so referred, if rejected by the Legislative Assembly of the State to which it
had been referred by the President, shall not be introduced in either House of Parliament.
Explanation I.-In this article, in sub-clauses (a) to (e) of clause (1), "State" includes
a Union territory, but in the proviso to clause (1) and clauses (2) and (3), "State" does not
include a Union territory without legislature.
Explanation II.—The power conferred on Parliament by sub-clause (a) of clause (1)
includes the power to form a new State or Union territory by uniting a part of any State or
Union Territory to any other State or Union territory, subject to the provisions of clauses (2)
and (3).".
STATEMENT OF OBJECTS AND REASONS
Article 3 of the Draft Constitution of India 1948 provided that a Bill which would form
a new State, or increase or diminish the area of any State or alter the name or boundaries of
any State shall not be introduced in either House of Parliament unless---
"(a) Either-
(i) A representation in that behalf has been made to the President by a
majority of the representatives of the territory in the Legislature of the State from
which the territory is to be separated or excluded; or
(ii) A resolution in that behalf has been passed by the Legislature of any
State whose boundaries or name will be affected by the proposal to be contained
in the Bill; and
(b) Where the proposal contained in the Bill affects the boundaries or name of
any State, other than a State for the time being specified in Part III of the First Schedule,
the views of the Legislature of the State both with respect to the proposal to introduce
the Bill and with respect to the provisions thereof have been ascertained by the
President; and where such proposal affects the boundaries or name of any State for
the time being specified in Part III of the First Schedule, the previous consent of the
State to the proposal has been obtained.".
In the Constituent Assembly, Prof. K.T. Shah was of the opinion that such proposals
must originate in the State Legislature itself and not in the Parliament. He rightly argued that,
in a democratic regime, people affected must be consulted first and a drastic measure such
as redrawing boundaries of a State must not be laid out in a top-down approach.
Dr. Ambedkar then moved an amendment which was adopted and made part of the
existing article 3 of the Constitution. The proviso required that the views of the State
Legislature be "ascertained" by the President
Provided that no Bill for the purpose shall be introduced in either House of Parliament
except on the recommendation of the President and unless-
(a) where the proposal contained in the Bill affects the boundaries or name
of any State or States for the time being specified in Part I of the First Schedule,
the views of the Legislature of the State, or as the case may be, of each of the
States both with respect to the proposal to introduce the Bill and with respect to
the provisions thereof have been ascertained by the President; and
(b) where such proposal affects the boundaries or name of any State or
States for the time being specified in Part III of the First Schedule, the previous
consent of the State, or as the case maybe, of each of the States to the proposal
has been obtained'."
Dr. Ambedkar believed that Central Governments would respect federal principles and
naturally consult the States first before jeopardizing their status. However, by way of the
Constitution (Fifth Amendment) Act, 1955, this aspect of ascertainment of views was
substituted. The amended proviso, which forms part of the existing article, provides that
State Legislatures are only required to convey their views on the recommendation. The
article, in its current shape and form, does not give any weightage to the views of the
Legislature of the State whose boundary or name is proposed to be altered and neither does
any consultation take place prior to the recommendation.
The entire exercise and the article enabling such an exercise is a clear aberration of the
scheme of Cooperative Federalism.
The Bill, therefore, seeks to amend article 3 thereby providing for the President to refer
the Bill to the Legislative Assembly of the State being re-organised for its approval and not
merely its views. The State Legislative Assembly would have the power to either accept or
reject such Bill by way of a simple majority. On rejection, the Bill would not be introduced in
either House of Parliament thereby empowering the States to uphold the aspirations of the
people by legitimately exercising their veto power in such proposals which they feel affect
public interest.
Hence this Bill.
TIRUCHI SIVA
Bill No. XXXI of 2024
A Bill to provide for the right to old age care to all senior citizens in the country
and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Right to Old Age Care Act, 2024. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires:- Definitions.
(a) "appropriate Government" means in case of a State, the Government of that
State and in all other cases, the Central Government;
(b) "local authority" means a Municipal Corporation or Municipal Council of
Zila Parishad or Nagar Panchayat, by whatever name called, and includes such other
authority or body having administrative control or empowered by, or under any law for
the time being in force to function as a local authority in any city, town or village;
(c) "old age care" means proper nutritious food, healthcare including medicines,
leisure and ensuring proper mental and physical wellbeing and welfare of the senior
citizen;
(d) "prescribed" means prescribed by rules under this Act; and
(e) "senior citizen" means any citizen living within the territory of India above
the age of sixty-five years.
3. (1) Every senior citizen shall have the right to old age care. Right to old
age care.
(2) No senior citizen shall be denied old age care on account of their lack of income or
other circumstances.
4. The appropriate Government shall while ensuring universal access to old age care to Special
all senior citizens, take special measures to address the special needs of and provide special provisions for
facilities to the differently-abled senior citizens. differently-
abled senior
citizens.
5. The access to old age care should be designed in such a way that no senior citizen Universal
is left out of the ambit of its benefit due to income inequality, social inequity or information access to old
asymmetry. age care.
6. (1) The Central Government and the State Governments shall have concurrent Sharing of
responsibility for providing funds for carrying out the provisions of this Act. financial
responsibility.
(2) The Central Government shall prepare the estimates of capital and recurring
expenditure for the implementation of the provisions of the Act.
(3) The Central Government shall provide to the State Governments, as grants-in-aid
of revenues, such percentage of expenditure referred to in sub-section (2) as it may determine,
from time to time, in consultation with the State Governments.
7. It shall be the duty of the appropriate Government or local authority, as the case may Duties of
be, to— appropriate
Government
or local
authority.
(a) ensure free old age care to every senior citizen;
(b) ensure that no senior citizen is discriminated against and/or prevented from
accessing old age care;
(c) notify or establish, where it is not so established, a well-equipped old age
care centre, within such area or limits of neighbourhood, as may be prescribed; and
(d) provide necessary infrastructure for the old age care centres including
building, equipments and well-trained staff.
8. (1) The appropriate Government may, by notification, make rules, for carrying out Power to
the provisions of this Act. make rules.
(2) Every rule made by the Central Government under this section shall be laid, as
soon as may be after it is made, before each House of Parliament while it is in session for a
total period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
(3) Every rule made by the State Government under this section shall be laid, as soon
as may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists of one House, before that House.
STATEMENT OF OBJECTS AND REASONS
India has the one of youngest population as of now. But the number of old age people
are increasing each year with the lowering of birth rate and death rate. Increased life expectancy
of the citizens will translate into a more aged population. Further, with an increase in the
proportion of the younger generation migrating to other cities or countries in search of
livelihood and career avenues, aged parents and relatives are often left isolated in their home
towns with no one to take care of them in their old age and sickness.
Necessary steps need to be taken urgently to see that the problem is addressed
properly. Senior citizens need help in terms of old age care and resources and information.
The Central Government shall take it up as its statutory responsibility backed by
sound legislation to ensure right to old age care to all senior citizens of India.
The Bill seeks to achieve this objective.
V. SIVADASAN
FINANCIAL MEMORANDUM
Sub-clause (2) of Clause 3 of the Bill provides that no senior citizen shall be denied old
age care on account of their lack of income or other circumstances. Clause 4 provides that the
appropriate Government shall take special measures to address the special needs of and
provide special facilities to the differently-abled senior citizens.
Clause
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