PRIVATE MEMBERS BILL PUBLISHING 7 FEB 2025

REGISTERED NO. DL—(N)04/0007/2003—25 The Gazette of India EXTRAORDINARY PART II — Section 2 PUBLISHED BY AUTHORITY No. 5] NEW DELHI, FRIDAY, FEBRUARY 7, 2025/MAGHA 18, 1946 (Saka) Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA CG-DL-E-08022025-260852 The following Bills have been introduced in the Rajya Sabha on the 7th February, 2025:— Bill No. LXIX of 2023 A Bill to protect the rights of employees in relation to the use and implementation of artificial intelligence in workplaces and regulate the use of and ensure transparency in the implementation of artificial intelligence technologies at workplaces and for matters connected therewith or incidental thereto. 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 Artificial Intelligence (Protection of Rights of Employees) Act, 2023. 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 relation to a State, Government of that State and in all other cases, the Central Government; (b) ―AI Algorithm" means a set of computational instructions or rules that enable machines to learn and analyze data and make decisions based on that knowledge to autonomously perform tasks, typically requiring human intelligence such as recognizing patterns, understanding natural languages, problem solving and decision-making; (c) ―AI implementation" means utilising and integrating artificial intelligence technologies in tasks and work processes within the workplace; (d) ―Artificial Intelligence (AI)" means the simulation of human intelligence processes by machines, especially computer systems, which are designed to operate with varying levels of autonomy, and which can, for explicit or implicit objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments; (e) ―Data Privacy" means safeguarding sensitive and personal information and ensuring that individuals have control over and can make their own decisions about the collection, use, and storage of their personal data and the authority who can process such data and the purpose therefor, and includes implementing measures to prevent unauthorized access or misuse of sensitive and personal data; (f) ―employee‖ means any person, who is employed or engaged for wages or remuneration, in any kind of work, manual or otherwise, in connection with the work of an organization, entity, establishment or agency, either in the government or private sector; (g) "Employer" means any office, organization, entity, establishment or agency, either in the government or private sector ; (h) "Equality Impact Assessment" means a holistic evaluation aimed at understanding the extent to which the introduction or utilization of AI technologies, including AI algorithms, in a workplace adversely affects or has the potential to adversely affect individuals or groups based on factors such as race, gender, ethnicity, or other protected characteristics; (i) ―prescribed‖ means prescribed by rules or regulations made under this Act; and (j) ―workplace‖ includes the premises and physical and technological infrastructure of any office, organization, entity, establishment or agency, either in the government or private sector, where and through which an employee performs tasks or jobs related thereto. 3. It shall be the duty of the appropriate Government to take all necessary measures to ensure that AI implementation by any employer adheres to the following, in such form and manner as may be prescribed – Duties of appropriate Government in AI Implementation. (a) ensure transparency in AI implementation within the workplace by furnishing comprehensive documentation elucidating the purpose, requirement, functionality, and ramifications thereof on employees, their jobs and other relevant stakeholders; (b) mitigation of biases in AI algorithms that may adversely affect employees' rights or opportunities by regular conduct of performance audits and impact assessment, as specified in section 5, and the application of bias-mitigation techniques; (c) upholding employees' right to refuse tasks or decisions solely based on AI generated processes if they feel it violates their rights or ethical standards and the right to review high-risk decisions made by AI processes, affording them the opportunity to challenge choices or decisions adversely impacting their employment; (d) providing adequate training and up-skilling opportunities for employees affected by AI implementation to ensure they can effectively adapt and engage with the technology; and (e) protection of employees’ rights during AI implementation, including data privacy, and confidential handling of personal information, in compliance with the provisions of the Digital Personal Data Protection Act, 2023 and other such related laws and regulations for the time being in force. 4. The appropriate Government shall ensure that - Appropriate Government to take measures in obtaining consent . (a) employers must obtain explicit and informed consent, in writing in such form and manner as may be prescribed, from employees before AI implementation within the workplace which directly affect their work or rights adversely, and (b) in cases, where deemed consent is used, employers must provide clear information and avenues to the employees to either opt-out or seek modification of their consent. 5. The appropriate Government shall design and conduct an equality impact assessment, of any employers’ AI implementation process within the workplace, to ensure fairness, non-discrimination, and compliance with established rules and regulations, at five-year intervals, in such manner as may be prescribed: Equality Impact Assessment. Provided that the first equality impact assessment shall be conducted immediately after five years of implementation of the Act. 6. The Central Government shall, after due appropriation made by Parliament by law in this behalf, provide requisite funds to the State Governments, from time to time, for carrying out the purposes of this Act. Central Government to provide funds. 7. (1) The appropriate Government may, by notification in the Official Gazette, make rules and regulations for carrying out the purposes of this Act. Powers to make rules. (2) Every rule and regulation made 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 regulation or both the Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (3) Every rule and regulation 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 State Legislature consists of one House, before that House. STATEMENT OF OBJECTS AND REASONS The impact of artificial intelligence (AI) on the workforce has been a topic of concern for many years. A recent survey conducted by Randstad, which was shared exclusively with ET, revealed that Indian employees are more concerned about losing their jobs to AI than their counterparts in the US, UK, and Germany. Similarly, a Microsoft report found that 74% of Indian employees are worried about losing their jobs to AI. As AI becomes increasingly integrated into the workplace, laws must adapt to protect workers' rights. As workplaces evolve, employees are facing new challenges in maintaining their autonomy and privacy. The lines between work and home life have become increasingly blurred, and the amount of data collected from workers has grown substantially with little transparency as to how it is being used. Clear guidelines are needed to address issues such as remote work, impact assessments, and accountability for AI-driven decisions. 2. One of the main issues with AI is the potential for perpetuating biases in the data on which the system is trained, resulting in discrimination in hiring, promotions, and overall performance evaluations. This issue has led to a need for laws that address algorithmic bias to ensure fair and equitable treatment of employees. However, the disproportionate representation within training data is a significant concern, which results in AI systems incapable of making unbiased decisions. In one of the most high-profile cases, one conglomerate had to discontinue an AI tool designed to screen job candidates' resumes. The tool had learned and replicated the disproportionate hiring trends in male-dominated industries, resulting in it downgrading applications from women. 3. Furthermore, the intricate nature of AI algorithms complicates the identification of biases within the data, creating challenges in comprehending their impact on decision making processes. An industry report found that while there is a growing reliance on AI in business operations, there is also a parallel rise in apprehensions regarding data bias. Despite acknowledging data bias, many organisations are in the nascent stages of addressing it. Steps taken to combat bias include education, transparency, and training. Yet, there remains a consensus among industry respondents that more needs to be done to understand and mitigate data bias effectively. 4. To address these issues, governments must act to spur innovation in trustworthy AI. They must also foster accessible AI ecosystems with digital infrastructure technologies and mechanisms to share data and knowledge. Finally, people must be equipped with the skills for AI, and workers must be supported to ensure a fair transition. 5. The Bill seeks to lay down comprehensive guidelines to combat data bias in AI implementation within workplaces, including the need for transparency in algorithms, mandatory training, and the adoption of practices to detect and rectify biases within datasets. Addressing data bias will not only enhance the ethical and equitable use of AI but will also protect against potential risks stemming from biased algorithms, such as adverse business decisions and legal repercussions. 6. In conclusion, the impact of AI on the workforce cannot be ignored. As AI becomes integral to various decision making processes within organisations, this Act serves as a critical step toward ensuring fair and unbiased practices in workplaces. It emphasises the critical need for a more inclusive and comprehensive approach to AI development, requiring diverse participation and technical training to manage datasets and algorithms without bias, thereby ensuring an equitable and ethical AI-driven future in the workplace. Hence, the Bill. MAUSAM B NOOR FINANCIAL MEMORANDUM Clause 5 of the Bill provides that the appropriate Government shall design and conduct an Equality Impact Assessment of the AI implementation process within the workplace of any employer at five-year intervals from the enactment of this Act. Clause 7 provides for financial assistance to the State Governments for carrying out the purposes of this Bill. The Bill, therefore, if enacted, will involve expenditure both of recurring and non-recurring nature. However, at this stage, it is not possible to estimate the actual expenditure likely to be involved. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the appropriate Government to make rules and regulations for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of normal character. II Bill No. LXX of 2023 A Bill to prevent and criminalize the creation, dissemination, and use of deepfake content without consent or without digital watermark and for matters connected therewith or incidental thereto. 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 Deepfake Prevention and Criminalisation Act, Short title and commencement. 2023. (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 and in all other cases, the Central Government; (b) ―consent‖ means voluntary and willful agreement, either in writing or orally, by a person in a sound state of body and mind and of legal age, without any coercion, fraud or error and not obtained under any duress or fear (c) ―Deepfake‖ means digitally manipulated or fabricated digital content, including but not limited to images, videos or audio recordings, created through the use of advanced digital technologies such as artificial intelligence, machine learning, or other advanced technologies, with the intent to convincingly and deceptively depict subjects or issues or represent individuals engaging in actions, making statements, or being in circumstances that did not occur or exist in reality; (d) "Digital Content Forgery‖ means the act of utilization of technologies, such as artificial intelligence and machine learning methodologies, to create or alter audio, visual, or textual contentwith the purpose of deceiving; (e) ―Digital Watermark‖ means a unique digital signal or code embedded within a digital multimedia file, such as an image, audio, or video file, serving as metadata for the purpose of establishing origin, ownership, or content authentication, and thereby preventing unauthorized use or manipulation; (f) ―prescribed‖ means prescribed by rules made under this Act; (g) ―Social Media Intermediaries ‖ means digital platforms which primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access digital content using its services within a virtual community; and (h) ―Task Force‖ means the National Deepfake Mitigation and Digital Authenticity Task Force, established under Section 4 of the Act. 3. Any person, who creates, distributes, disseminates or shares deepfake(s) without the consent of the individual(s) involved or without digital Recognition of creation and sharing of deepfake(s) as a criminal offence watermark, as defined under the Act,–– (a) with the intent to humiliate or otherwise harass the person falsely exhibited, provided that the advanced technological false personation recordcontains sexual content of a visual nature and appears to feature such person engaging in such sexual acts or in a state of nudity; (b) with the intent to cause violence or physical harm, incite armed or diplomatic conflict, or interfere in an official proceeding, including elections, provided that the advanced technological false personation record poses a credible threat of instigating or advancing such actions; and (c) in the course of criminal conduct related to fraud, false personation, or identity theft, shall be guilty of a criminal offence. 4. (1) The Central Government shall, within six months from the date of commencement of this Act, establish by notification in the official Gazette, a National Deepfake Mitigation and Digital Authenticity Task Establishment of National Deepfake Mitigation and Digital Authenticity Task Force. Force. (2) The task force shall be comprised of a Chairperson and such other members, as may be prescribed. (3) The qualifications and experience, term of office, salaries, remuneration and other allowances payable to and other terms and conditions of service of the Chairperson and members, shall be such as may be prescribed. 5. (1) The Task Force shall have the following functions, but not limited to:–– Functions of the Task Force (a) evaluate the prevalence of deepfake(s) affecting the citizens, businesses in India and the functioning of the Central and State Government;; (b) evaluate the risks, encompassing privacy concerns, linked to the utilization of digital content forgery and deepfake(s) within India; (c) evaluate the influence of digital content forgery and deepfake(s) on civic participation, including the electorate; (d) determine and recommend the extent of penalties to be imposed on offences under the Act on a case--to-case basis; (e) evaluate the possibility of incorporating a visual protection feature, similar to streaming apps, where individuals who do not provide consent for screenshots or sharing have their content displayed as a black screen; (f) recommend the regulatory guidelines to be followed by social media intermediaries to enforce and uphold the privacy preferences of users and ensure the implementation of consent and visual protection measures; and (g) evaluate the feasibility of incorporation of blockchain technology to monitor and verify the authenticity of digital content circulated in public domain to ensure a secure and tamper-proof validation process. (2) The Task Force shall submit a report containing their findings and recommendations, on a quarterly basis, to the appropriate Government, for consideration and implementation, as deemed necessary. 6. Any person or entity who, using any means or facility of interstate or foreign commerce, generates a technologically advanced deceptive Dislcosure. impersonation record of audio, visual or audio-visual nature, with the intention of disseminating it over the internet or knowledgethat such record shall be so distributed, shall ensure that, (a) such record adheres to the requirement of digital watermark as defined under section 2(d); and (b) prior consent from the rights holder for hosting, or sharing of such record is obtained. 7. Whoever commits an offence under this Act shall be punished with imprisonment for a term which may extend to five years or fine, as Penalty. recommended by the Task Force on a case-to basis and accepted by the appropriate Government, or both. 8. The Central Government shall, after due appropriation made by Parliament by law in this behalf, provide requisite funds to the State Central Government to provide funds. Governments, from time to time, for carrying out the purposes of this Act. 9. (1) The appropriate Government, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Power to 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. 10. The provisions of this Act and of any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any Act to have overriding effect. other law for the time being in force. STATEMENT OF OBJECTS AND REASONS Recently, in various elections and assembly polls, there have been instances where advanced technology has been employed to manipulate videos for political purposes. For instance, a notable occurrence involved a video which surfaced during a State Assembly Poll, where a political figure was shown as criticizing his political opponent. The interesting fact about the video was that it was a result of morphing an older video of him with another footage in which he was speaking about a completely different issue. This incident marked one of the earliest known uses of deepfake technology in India during election campaigning. 2. The adage "seeing is believing" is old, but with the advent of deepfakes, it no longer holds true. These fabricated videos pose a significant threat to individual privacy and society as a whole. They are inexpensive to produce and, when misused, can potentially influence voters, manipulate the masses into communal unrest, and infringe upon the privacy, among other issues. 3. As deepfakes continue to evolve, legal systems across the globe are struggling to keep up with this rapidly developing technology. In the US, the Deepfakes Accountability Act passed in 2019 requires deepfakes to be watermarked for identification purposes. However, no legislation currently exists to address the specific potential threats of deepfake technology within India. While sections 67 and 67A of The Information Technology Act 2000 ("IT Act") provide punishment for publishing sexually explicit material in electronic form, and Section 500 of the Indian Penal Code 1860 provides punishment for defamation, these provisions are inadequate for addressing the diverse manifestations of deepfakes. 4. The misuse of sexual deepfakes or Synthetic Sexually Explicit Material extends beyond mere self-gratification, encompassing nefarious applications such as harassment and blackmail against victims of such abuse. This concern is particularly heightened in India, where the legal framework surrounding pornography remains ambiguous, contributing to the underreported and unresolved nature of critical issues like revenge porn. Existing legal provisions are inadequate in addressing offenses of this magnitude, leaving victims in a state of vulnerability due to the absence of specific legislation pertaining to manipulated media content in the Country. 5. In response to these challenges, the Revenge Porn Helpline, an organization based in the United Kingdom, published a comprehensive 2020 report titled 'Intimate Image Abuse: An Evolving Landscape.' This report delves into the utilization of advanced technology for image abuse, elucidating its ramifications and the gravity of the associated harm. In the Indian context, the Revenge Porn Helpline collaborates with Parihar, an initiative of the Bengaluru City Police focused on women and child welfare, to offer services and assistance to victims affected by revenge porn and deepfakes. Regrettably, the available data on the number of individuals seeking assistance from Parihar and the mechanisms employed to aid victims in such cases remains limited. 6. Governmental and regulatory bodies must proactively ensure the integrity of videos disseminated in public domain. In circumstances where the origin of a video cannot be controlled, it is proposed that the government establish an entity equipped to monitor deepfakes through the application of blockchain technology. Blockchains, leveraging a decentralized network, store data in blocks, allowing anyone to verify information authenticity by matching it with a unique non-invertible key. Even the slightest data manipulation would result in a discernible mismatch, fortifying the robustness of the verification process. Therefore, along with spreading awareness about this novel technology amongst the masses, adequate attention should be given by the Government towards the challenges posed by deepfakes, before they become a menace in India. Hence, this Bill. MAUSAM B NOOR FINANCIAL MEMORANDUM Clause 5 of the Bill provides that the appropriate Government shall design and conduct an Equality Impact Assessment of the AI implementation process within the workplace of any employer at five-year intervals from the enactment of this Act. Clause 7 provides for financial assistance to the State Governments for carrying out the purposes of this Bill. The Bill, therefore, if enacted, will involve expenditure both of recurring and non-recurring nature. However, at this stage, it is not possible to estimate the actual expenditure likely to be involved. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the appropriate Government to make rules and regulations for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of normal character. III Bill No. LXXIX 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. In article 368 of the Constitution, clauses 4 and 5 shall be omitted. Amendment of article 368. STATEMENT OF OBJECTS AND REASONS Clauses (4) and (5) were inserted into article 368 of the Constitution by the Constitution (Forty-Second Amendment) Act, 1976 to provide that any amendment that is carried out in the Constitution shall not be called into question before any court on any ground and that the Parliament has no limitation on its powers to amend the Constitution. In effect, the Parliament got absolute power to amend the Constitution in any way it deemed fit. This amendment was in direct contravention to the landmark judgement of Kesavananda Bharati delivered by the Supreme Court of India in the year 1973 that held that there was an implied limitation on the power of the Parliament to amend the Constitution of India. Clauses (4) and (5) of article 368 were eventually declared to be unconstitutional by the Supreme Court of India in the year 1980 by the landmark judgment in the case of Minerva Mills. However, these provisions have continued to remain in the Constitution for more than four decades after being declared as unconstitutional. These provisions do not reflect the law of the land, and are in contravention to the spirit of the Rule of Law. It is important for the Constitution of India to be reflective of the actual law of the land and to recognise that the Parliament is bound by the provisions of the Constitution and is not above it. The Bill seeks to achieve the above-said objectives. MAUSAM B NOOR IV Bill No. XXXVII of 2024 A Bill to provide for regularization of the services of ASHA workers by giving them the status of a permanent employee of the Government 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 ASHA Workers (Regularization of Service Short title, and commencemen. and Other Benefits) Act, 2024. (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) "ASHA worker" means Accredited Social Health Activist working as community health worker deployed as a part of the National Health Mission of the Government of India; (b) “Committee” means the Committee for Welfare of ASHA workers constituted under section 5 of this Act; and (c) "prescribed" means prescribed by rules made under this Act. 3. (1) The Central Government shall, by notification in the Official Gazette, take all such steps as may be necessary to regularize the Regularization of services of ASHA workers. services of ASHA workers and confer the status of not less than that of Group 'C' employees of the Central Government on all such ASHA workers who are serving in the National Health Mission immediately before the commencement of this Act. (2) Every ASHA worker, whose service has been regularized, shall be entitled to such tenure, terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as are available to Group "C" or above employees of the Central Government, as the case may be. (3) Every ASHA worker deployed after the commencement of this Act shall be conferred the status of not less than that of a Group 'C' employee of the Central Government and shall be entitled to all other benefits as mentioned in sub-section (2). 4. The Central Government shall take steps to provide residential accommodation to all the ASHA workers within the vicinity of their Accommodation to ASHA workers. workplace, in such manner as may be prescribed. 5. (1) The Central Government shall, by notification in the Official Gazette, establish a Committee to be known as the Committee for Committee for welfare of ASHA Workers Welfare of ASHA workers for the purpose of socio-economic development of ASHA workers and to advise the Central Government on such matters arising out of the administration of this Act. (2) The Committee shall consist of,- (i) a Chairperson; (ii) a Vice-Chairperson; and (iii) three Members; to be appointed by the Central Government. (3) The Central Government shall appoint such number of officers and staff, as it may deem fit, to assist the Committee in carrying out the duties assigned to it under this Act. (4) The qualifications and experience, term of office, salaries, remuneration and other allowances payable to, and other terms and conditions of service of the Chairperson, Vice-Chairperson, Members and officers and staff of the Committee, shall be such as may be prescribed. (5) The Committee shall have the power to regulate its own procedure. 6. It shall be the duty of the Committee to— Duties of the Committee (a) investigate and monitor all matters relating to the safeguards provided for ASHA workers under any law in force at the time of the commencement of this Act, or under any other law for the time being in force or under any order of the Central or State Government and to evaluate the working of such safeguards and to present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports on the working of those safeguards; (b) inquire into specific complaints with respect to the deprivation of rights and safeguards of the ASHA workers as received by it, in such manner as may be prescribed; (c) advise the Central Government on the socio-economic development of the ASHA workers and to evaluate the progress of their development; (d) bring about synergy between technology and public policy and recommend measures for enhancing the income and employment potential of ASHA workers through training and reforms in the health sector; and (e) discharge such other functions, as it may consider necessary, in relation to the protection, welfare, development and advancement of ASHA workers and any other matters incidental to the above-said duties. 7. The Committee shall, while investigating any matter referred to it in under clause (b) of section 6, have all the powers of a Civil Court trying a suit Committee to have powers of Civil Court and, in particular in respect of the following matters, namely,– (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commission for the examination of witnesses and documents; and (f) any other matter which may be prescribe. 8. (1) The Committee shall prepare every year, in such form and within such time as may be prescribed by the Central Government an annual report Annual Reports. giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government. (2) The Central Government shall cause the annual report of the Committee 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 Committee 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). 9. The Central Government shall, after due appropriation made by Parliament by law in this behalf, grant such sums of money to the Central Government to provide adequate funds to the Committee. Committee, as it may think fit, for carrying out the purposes of this Act. 10. The provisions of this Act shall be in addition to and not in derogation of Act not in derogation of any other law. any other law for the time being in force. 11. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may make such order or give such direction, not Power to remove difficulties. inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing such difficulty. 12. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Power 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. STATEMENT OF OBJECTS AND REASONS ASHA workers, the Accredited Social Health Activists, are working under the Ministry of Health and Family Welfare as part of the National Health Mission contributing remarkable service in the health sector. The ASHA workers work as a link between the Department of Health & Family Welfare and the common man to create awareness and promote health activities in the country. The contributions of ASHA workers help to improve the health standards of the country. They are promoters of various schemes of the Central Government and State Governments and ensuring the health of the common man. However, they do not have job security and the honorarium given to them is not sufficient to sustain their living expenses. This may, in the long term, adversely affect the effective implementation of various health programmes of the Government including the Integrated Child Development Scheme. Therefore, considering the importance of their duties and service, it is imperative to take necessary steps for their upliftment. The Bill provides for regularization of the services of ASHA workers by giving them the status of a permanent employee of the Government. It also proposes to establish a Committee for Welfare of ASHA workers for the purpose of socio- economic development of ASHA workers. Hence this Bill. ASHOK KUMAR MITTAL FINANCIAL MEMORANDUM Clause 3 of the Bill provides for regularization of the services of ASHA workers and confers the status of not less than that of Group 'C' employees of the Central Government on all such workers. It also provides for such tenure, terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits to the ASHA workers, as are available to Group ‘C’ employees of the Central Government. Clause 4 of the Bill stipulates that the Central Government shall take steps to provide housing facilities to all ASHA workers and helpers within the vicinity of their workplace. Clause 5 provides for the constitution of the Committee for Welfare of ASHA workers for the purpose of socio-economic development of ASHA workers; appointment of a Chairperson, Vice-Chairperson and Members therein; appointment of such number of officers and staff as are required to assist the Committee and the salary and allowances payable to, and other terms and conditions of service of their service. Clause 9 provides that the Central Government, shall after due appropriation made by Parliament by law in this behalf, grant such sums of money to the Committee, as it may think fit, for carrying out the purposes of this Bill. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. A recurring expenditure of about rupees three hundred crore is likely to be involved per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees three hundred crore is also likely to be involved. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the appropriate Government to make rules and regulations for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of normal character. V Bill No. LXXXII 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. In Part III of the Constitution, after article 21A, the following new article shall be inserted, namely:— Insertion of new article 21B. Right to affordable healthcare and sanitation. "21B. (1) The State shall provide accessible and affordable healthcare facilities along with sanitation to all its citizens in such manner as the State may by law, determine. (2) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, descent, place of residence or any of them while providing the right to affordable and accessible healthcare and sanitation. (3) The State shall spend not less than five percent of the annual estimated receipts of the State over a period of five years for achieving the right to affordable and accessible healthcare and sanitation as provided under clause (1)." 3. In the Seventh Schedule to the Constitution:,― Amendment of the Seventh Schedule. (a) in List II-State List, entry 6 shall be omitted; and (b) in List III-Concurrent List, after entry 47, the following new entry shall be inserted, namely:― “47A. Public health, Affordable Healthcare and sanitation; hospitals and dispensaries.” STATEMENT OF OBJECTS AND REASONS Healthcare is a fundamental right that is critical to ensuring a prosperous and equitable society. Accessible and affordable healthcare is not only essential to individual well-being but also crucial for economic growth, social stability, and human development. Recognizing the importance of healthcare as a public good, this amendment Bill seeks to incorporate a new Article 21B, into the Constitution, making it a binding duty for the State to ensure affordable and accessible healthcare facilities, including sanitation, for all citizens without discrimination. India has made significant strides in healthcare over the past few decades, yet there remain significant gaps in access, affordability, and quality of health services. Millions of citizens, particularly those in rural areas and economically marginalized communities, still face challenges in accessing essential healthcare facilities. Often, individuals are forced to spend substantial portions of their income on healthcare, leading to catastrophic health expenditures and pushing many families below the poverty line. Additionally, the absence of adequate sanitation facilities further exacerbates health inequalities and leads to the spread of preventable diseases. This amendment aims to address these issues comprehensively by making healthcare and sanitation a right accessible to every citizen. Clause (1) of the proposed Article 21B mandates that the State shall provide accessible and affordable healthcare and sanitation facilities to all its citizens. By explicitly stating this obligation, the amendment seeks to establish a national commitment to universal healthcare and sanitation. This provision ensures that no citizen is deprived of healthcare services due to financial constraints or systemic inequalities. The language allows for flexibility in implementation, granting the State the authority to determine specific mechanisms, systems, and programs through legislation. This empowers the State to adapt healthcare delivery models to local needs and challenges, thereby enhancing the responsiveness and relevance of healthcare services provided under this clause. Clause (2) prohibits discrimination in the provision of healthcare and sanitation facilities based on religion, race, caste, sex, descent, place of residence, or any other discriminatory factor. This clause reflects a commitment to equality in healthcare, reinforcing the constitutional ideals of secularism and social justice. In a diverse country like India, there are often disparities in healthcare access, with specific communities facing systemic disadvantages. By prohibiting discrimination, this provision aims to eliminate healthcare disparities and ensure that every citizen, irrespective of their background, has an equal right to receive healthcare and sanitation services. This clause aligns with the fundamental principles enshrined in Articles 14, 15, and 16 of the Constitution, reinforcing the right to equality and non-discrimination in all public services. Clause (3) sets a specific financial commitment for the State, requiring that at least ten percent. of the State's annual estimated receipts be allocated towards achieving accessible and affordable healthcare and sanitation as provided under Clause (1). This financial provision is essential to ensure that the right to healthcare is not merely a theoretical right, but a right that is backed by substantial and consistent public funding. Currently, India spends around 1.5 per cent. of its GDP on public healthcare, which is significantly lower than the global average. This financial allocation of five percent. of the State’s annual estimated receipts aims to ensure that healthcare is prioritized within the State’s budget, allowing for a steady improvement in healthcare infrastructure, workforce, and quality of services. The specified financial commitment will facilitate better public healthcare systems, increase the number of healthcare providers, improve sanitation infrastructure, and enhance preventive healthcare measures. Overall, this amendment aims to establish an inclusive healthcare system that addresses the needs of every citizen and bridges the existing gaps in healthcare and sanitation infrastructure. By making healthcare a fundamental duty of the State, this amendment not only fulfills a critical social need but also aligns with international commitments, such as the Sustainable Development Goals, particularly Goal 3 (Good Health and Well-being) and Goal 6 (Clean Water and Sanitation). The Bill also proposes to make an amendment to Schedule VII, List II-State List & List III-Concurrent List in order to transfer Public Health to the concurrent list in view of the major role played by Central Government in matters of healthcare in India which is expected to be a booming market and will witness several disruptions on account of innovation and use of technology. Through inclusion in concurrent list, it will be easier for both Central & State Governments to administer public health programs more effectively. Through these amendments, India will move closer to achieving a healthcare system that is accessible, affordable, and free from discrimination. It is anticipated that this Bill will serve as a foundational step in building a healthier, stronger, and more inclusive society where every citizen can exercise their right to healthcare and sanitation as a matter of constitutional right. Hence, this Bill. ASHOK KUMAR MITTAL FINANCIAL MEMORANDUM Clause 2 of the Bill provides for making the right to affordable and accessible healthcare and sanitation facilities a fundamental right. It also provides that the State shall spend not less than ten percent. of the annual estimated receipts of the State for achieving the right to affordable and accessible healthcare. The Bill, therefore, if enacted, will involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. However, it is not possible to assess the actual financial expenditure likely to be incurred at this stage. VI Bill No. XXXVI of 2024 A Bill to make provisions in the service conditions of Central Government employees, employees of Public Sector Undertakings, employees of statutory, autonomous, and constitutional bodies, so as to enable them to avail upto two years of unpaid leave to pursue their startup venture 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 Entrepreneurship Leave 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) "Entrepreneurship Leave" means a period of unpaid leave granted to an employee to pursue a startup venture; For the purpose of this clause, subject to the provisions of any law made in this behalf by Parliament, or any rules prescribed under this Act, a “startup venture” shall mean a newly established entity incorporated either as a private limited company or a partnership firm or a limited liability partner with limited resources and turnover working towards innovation, deployment, development or commercialization of new processes, products or services driven by technology or intellectual property or recognized as such by the Government of India; (b) "employee" means any individual employed on a permanent basis in the Central Government, or Public Sector Undertakings, or statutory or autonomous bodies, or constitutional bodies; (c) "Head of the Organization" means the highest-ranking official or authority within the respective organization competent or authorised to grant leave as prescribed by rules made under this Act; and (d) “prescribed” means prescribed by rules made under this Act. CHAPTER II GRANT OF ENTREPRENEURSHIP LEAVE 3. (1) Any employee who has completed a minimum of five years of continuous service shall be eligible to apply for Entrepreneurship Leave. Eligibility and duration for grant of Entrepreneurship Leave. (2) The Entrepreneurship Leave shall be granted only once during the entire service for a period not exceeding two years. 4. (1) An eligible employee desiring to avail Entrepreneurship Leave shall submit an application in such form and manner as may be prescribed, to the Procedure for application and sanction of Entrepreneurship Leave. Head of the Organization, stating the purpose and duration of the leave. (2) The Head of the Organization shall have the authority to sanction the Entrepreneurship Leave after considering the application and subject to the conditions of admissibility, as provided in this Act and such other conditions for grant of such leave, as may be prescribed. (3) The Entrepreneurship Leave shall be sanctioned at the discretion of the Head of the Organization subject to the exigencies of service and his decision thereon shall be treated as final. CHAPTER III MISCELLANEOUS 5. (1) The period of Entrepreneurship Leave shall not be counted as a break in service for the purposes of seniority, promotion, or other service benefits. Preservation of service. (2) No financial benefits shall be payable during the period of Entrepreneurship Leave. 6. The manner and procedure of accounting of Entrepreneurship Leave and its combination with leave of other kinds available to the employee concerned Accounting of Entrepreneurship Leave and combination with leave of other kinds. as per the existing leave rules in his organization, shall be such as may be prescribed. 7. The provisions of this Act and the rules made thereunder shall be in addition to the existing leave rules applicable to the concerned employee in Act to supplement other laws. his organisation, and not in derogation of, any other law, rules, orders or instructions for the time being in force. 8. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may make such order or give such direction, not Power to remove difficulties. inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing such difficulty. 9. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Power 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. STATEMENT OF OBJECTS AND REASONS India, being a young nation with a growing population of aspiring entrepreneurs, recognizes the need to encourage and support its citizens in their entrepreneurial endeavors. This Bill seeks to provide Central Government employees, employees of Public Sector Undertakings, statutory, autonomous, and constitutional bodies with the opportunity to take upto two years of unpaid leave, to be known as Entrepreneurship Leave to pursue their startup ventures. This initiative aims to foster innovation and entrepreneurship, thereby contributing to the nation's economic growth and development. Further, the provisions of this Bill will ensure that employees can return to their positions without any loss of seniority or service benefits, with duration of their entrepreneurial leave being counted for the purpose of next promotion, thus providing a secure environment for entrepreneurial pursuits. Hence this Bill. VIVEK K. TANKHA MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 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 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Act. As the orders and rules will relate to matters of detail only, the delegation of legislative power is of a normal character. VII Bill No. XXXVIII 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. In article 85 of the Constitution, for clause (1), the following shall be substituted, namely:— Amendment of article 85. ‘‘(1). The President shall summon each House of Parliament to meet for three sessions in a year commencing in the first or second week of February, July and November respectively: Provided that the President may from time to time summon each House of Parliament to meet for additional sessions, as he may deem necessary, at such time and place as deemed fit: Provided further that each House of Parliament shall meet for not less than one hundred days in a year.’’ STATEMENT OF OBJECTS AND REASONS Parliamentary convention has evolved in such a manner that Parliament usually meets for three Sessions in a year-Budget Session (February-May), Monsoon Session (July-August) and Winter Session (November-December). However, the Constitution does not provide for a fixed calendar of sittings or a minimum number of sittings. While the idea of a fixed calendar was explored by the General Purposes Committee of the Lok Sabha in 1955, the importance of having a minimum number of sittings was highlighted by the National Commission to Review the Working of the Constitution in 2002. Enshrining the parliamentary convention in the body of the Constitution of India itself will ensure that the Government of the time cannot evade the accountability of the Legislature by delaying the commencement of a Session. It will also allow Members of Parliament to plan their parliamentary agenda around the fixed schedule to fully take advantage of every mechanism of parliamentary oversight and law-making. Furthermore, to address the decline in the number of sittings, it has been proposed that a minimum of one hundred days’ sitting be incorporated within the Constitution itself. The healthy functioning of a representative democracy requires a careful scrutiny of legislation and regular parliamentary engagement on issues of public importance. To achieve this objective, it is imperative that a fixed calendar for parliamentary sessions along with a minimum number of sittings is established. Hence, this Bill. DEREK O’BRIEN VIII Bill No. XL of 2024 A Bill to provide for a Digital Literacy Curriculum in all educational institutions to make the youth digitally literate and for matters connected therewith or incidental thereto. BE it enacted by the Parliament in the Seventy- fifth Year of the Republic of India as follows:— 1. (1) This Act may be called Right to Digital LiteracyAct, 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 relation to a State, Government of that particular State and in all other cases, the Central Government; (b) “Curriculum” means the Digital Literacy Curriculum formulated under section 3; (c) “data privacy” means empowering individuals to make their own decisions about who can process their data and for what purpose; (d) “data protection” means keeping data safe from unauthorized access; (e) “digital” means regularly updating and cleaning electronic devices, using passwords that follow security protocols, organizing the files stored on the device, optimizing setting etc; (f) “digital literacy" means the knowledge, skills and attitudes that allow individuals to be both safe and empowered in an increasingly digital world; (g) “disinformation" means false information deliberately spread to deceive people; (h) “educational institutions” means all schools and colleges in the territory of India; (i) "impact assessment" means a holistic evaluation to understand the extent to which the Curriculum has penetrated into the lives of children and young adults and has enabled them to use the internet safely; (j) "misinformation" means incorrect or misleading information; (k) “Online Financial Fraud” means the act of obtaining financial gain through profit-driven criminal activity, including identity fraud, ransomware attacks, email and internet fraud, and attempts to steal financial account, credit card, or other payment card information; (l) “prescribed” means prescribed by rules made under this Act; and (m) “sextortion” means a form of online abuse, wherein the cybercriminal makes use of various channels like instant messaging applications, short messaging service, online dating applications, social media platforms, porn sites etc., to lure the users into intimate video or audio chats and makes them pose nude or obtains revealing pictures from them; (n) "social media etiquette" means treating others with respect online, personal information, images, or videos of anyone not to be shared without consent etc.; and (o) "virtual digital asset" shall have the same meaning as defined under sub- section (c) of section 3 of the Finance Act, 2022. 3. (1) The appropriate Government shall, by notification in the Official Gazette, within six months from the date ofcommencement of this Act, Digital Literacy Curriculam. formulate a Digital Literacy Curriculum for carrying out the purposes of this Act. (2) From such date, as the appropriate Government may, by notification in the Official Gazette specify, the Curriculum shall be adopted in all educational institutions. (3) The appropriate Government shall take all measures to ensure that the Curriculum,— (a) is designed after a preliminary diagnostic review of the local context and dueconsultations with concerned stakeholders in such manner as may be prescribed; (b) includes content relating to data protection, data privacy, social media etiquette, digital hygiene, misinformation, disinformation, online financial fraud, sextortion, virtual digital assets and any other relevant subject that the appropriateGovernment may decide; (c) is framed on a grade-by-grade basis for all educational institutions; and (d) is revised at such requisite intervals of time, as may be prescribed by the appropriate Government, to keep pace with the changing technological landscape. 4. (1) The appropriate Government shall take measures to address the human resource requirements for implementation of the Curriculum Appropriate Government to take measures to address human resource requirement, training, etc. by planning, developing, implementing and regularly updating educational and training programs in collaboration with institutions of higher education and training. (2) The appropriate Government shall ensure the appointment ofsuch number of teachers with such qualifications, as may be prescribed for teaching the Curriculum in educational institutions. (3) The appropriate Government shall make efforts to incorporate international best practices in digital literacy in the curriculum. 5. The appropriate Government shall take all measures to ensure effective co-ordination between services provided by concerned Ministries and Co-ordination within the appropriate Government. Departments of that Government such as those dealing with Information Technology, Education, Finance, Home Affairs, Women and Child Development for carrying out the purposes of this Act. 6. (1) The appropriate Government shall design an impact assessment mechanism to evaluate the efficiency of the Curriculum. Impact assessment. (2) The appropriate Government shall conduct an impact assessment as per sub-section (1) at five-year intervals in such manner as may be prescribed: Provided that the first impact assessment shall be conducted after five years of the implementation of the Curriculum. 7. The Central Government shall, after due appropriation made by Parliament by law inthis behalf, provide requisite funds to the State Central Government to provide funds. Governments, from time to time, for carrying out the purposes of this Act. 8. The provisions of this Act and of any rules made thereunder shall have Act to have overriding Effect. effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. 9. (1) The appropriate Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Power to 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 State Legislature consists of one House, before that House. STATEMENT OF OBJECTS AND REASONS As of December 2023, there are a total of 93.6 crore internet subscribersin India according to the Telecom Regulatory Authority of India (TRAI). Since the Covid-19 pandemic made remote workingand remote learning the norm, the world has witnessed a surge in dependence on the internet. Hence,social media platforms have becomemainstream vehiclesfor civic participation.As a result, invasions of privacy, increasing surveillance, digital financial transactions are just some of the complex issues that face us today. As per NITI Aayog, "Most of the internet users are in urban educated classes. This situation reflectsthat majority of the Indiansstill remain unfazed by the information technology revolution. With such a disparity in digital access and literacy, it is hard to aspire for inclusion and equity. India is expected to have the largest working age population, which requires rapid job creation. Digital literacy becomes a crucial medium of communication with global citizens". Even though children are seemingly adept at using digital tools, this does not mean that they are digitally literate. Digital literacy encompasses awareness of digital rights, balanced use of technology, digital emotional intelligence, digital safety and security and civic digital self-expression. School going children can be extremely vulnerable to cyber bullying, phishing, online scams, malware and the like. Besides, children need to be sensitised to the perpetual nature of the internet and the perils of posting personally identifiable information online. Children and young adults need to be digitally literate even when theyare offline since their schooling, societal conditioning and future job opportunities largelydepend on their understanding of and participation in the digital ecosystem. This Bill assumes greatersignificance since India does not have a Data Protection lawyet.At the same time, it is only a firststep towards our goal of a digitally literate India. Various challenges to mainstreaming digital literacy include low-quality technological infrastructure, cost of infrastructure needed for the use of Information and Communications Technology(ICT), lack of online content in local languages and that related to everyday life, lack of understanding of the decision makers, lack of evidence based information and a lack of sufficient regulation in relation to privacy and transparency. We must look at digital literacyas one part of the solution and not the panacea. Notably, the United Nations Committee on the Rights of the Child, in 2014, advised member governments (including India) to include digital literacy in their national school curriculums. Countries like Scotland, Australia, Netherlands already have a digital literacy framework in place. Even though the NationalEducation Policy, 2020 envisages digital literacy as a part of the curriculum framework for school and adult education, it does not define the same. This Bill seeks to incorporate a rights based approach to digital literacy and citizenship. The thrust to Digital India must be accompanied by an adequate legislative response to theopportunities and threats presented by the internet. The Bill seeks to achieve the above objectives DEREK O’BRIEN FINANCIAL MEMORANDUM Clause 4 of the Bill provides for the appropriate Government to take measures as regard to human resource development and training by appointing teachers for imparting education on Digital Literacy Curriculum. Clause 7 of the Bill provides that the Central Government shall provide requisite funds for carrying out the purposes of the Bill. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees one hundred crore would be involved. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9of the Bill empowersthe appropriate Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of details only, the delegation of legislative power is of a normal character. IX Bill No. XXXIX 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, Short title and commencement. 2024. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In section 63 of the Bharatiya Nyaya Sanhita 2023, for Exception 2, the following shall be substituted, namely:— Amendment of section 63. "Exception 2.—The fact of a subsisting marriage of the accused and the victim shall not be treated as a mitigating factor for the offence under this section." STATEMENT OF OBJECTS AND REASONS Under section 63 of the Bharatiya Nyaya Sanhita 2023, the offence of rape provides for an exception—'Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape’. The 42nd Report of the Law Commission (1971) suggested the removal of this exception. The Indian Penal Code, 1860 was amended in the year 1983 to criminalise spousal rape during the period of judicial separation, as suggested by the 84th Law Commission Report. However, the exception of martial rape still remained. Article 2 of the Declaration of the Elimination of Violence against Women includes marital rape unequivocally in the definition of violence against women. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee also suggested that India should 'widen the definition of rape in its Penal Code to reflect the realities of sexual abuse experienced by women and to remove the exception of marital rape from the definition of rape'. Inspired by this, the Justice Verma Committee recommended deleting the exception. Apart from being a moral obligation, incorporation of such international treaties is prescribed in Article 253 of the Constitution of India. In addition, article 51 requires that the State should endeavour to promote international peace and security, maintain good relations with other nations, and respect international law. Under both these articles, it is a mandate that the Legislature removes this exception. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) did not criminalise marital rape but recognised it as a form of domestic violence, providing a first step towards criminalisation. The marital rape exception is antithetical to the Right to Life and Personal Liberty provided under article 21 of the Indian Constitution, which states that 'No person shall be deprived of his life and personal liberty except according to the procedure established by law'. Through the course of time, the Supreme Court has expanded the Right to Life beyond a mere literal protection of life and liberty. It includes a dignified life, safe living conditions, a woman's right to her reproductive choices, and privacy. Thus, there is a need to remove the exception of marital rape from the offence of rape. The Bill seeks to achieve the above objectives. DEREK O' BRIEN X Bill No. XLVII of 2024 A Bill to establish a National Tribal Heritage Council for the protection, preservation and promotion of the rich cultural heritage of tribal communities 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:– CHAPTER I PRELIMINARY 1. (1) This Act may be called the National Tribal Heritage Council Short title and commencement. Act, 2024. (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 Tribal Heritage Council constituted under section 3 of this Act; (b) “prescribed” means prescribed by rules made under this Act; (c) “State Committees” mean the State Tribal Heritage Committees established under section 7 of this Act. (d) "tribal communities" refers to the Scheduled Tribes as recognized under the Constitution of India; (e) "tribal heritage" includes the cultural, historical, linguistic, and artistic expressions and practices of tribal communities including any act or practice, representation, expression, knowledge, skill, as well as the instrument, object and artefact associated therewith, that tribal communities recognize as part of their heritage. CHAPTER II THE NATIONAL TRIBAL HERITAGE COUNCIL 3. (1) The Central Government shall, within one year from the date of commencement of this Act, by notification in the Constitution of the National Tribal Heritage Council. Official Gazette, constitute a body to be known as the National Tribal Heritage Council for the protection, preservation and promotion of tribal heritage of the country and to perform such functions as assigned to it, under this Act. (2) The head office of the Council shall be at New Delhi. (3) The Council shall consist of the following - (i) a Chairperson, who shall be an eminent person with extensive knowledge and experience in tribal culture and heritage; (ii) five representatives from recognized tribal communities in the country - Members; (iii) two experts in the field of anthropology or cultural studies - Members; (iv) one representative from the Union Ministry of Tribal Affairs – Member ex-officio; (v) one representative from the Union Ministry of Culture – Member ex-officio; (vi) two representatives from civil society organizations working in the field of tribal heritage - Members; and (vii) one legal expert with experience in heritage conservation laws - Member. to be appointed by the Central Government in such manner as may be prescribed. (4) The Central Government shall provide the Council with such number of officers and employees as may be necessary for the efficient performance of the functions of the Council under this Act. (5) The salary and allowances or remuneration payable to, the term of office, the mode of filling of vacancies and other terms and conditions of service etc. of the Chairperson, Members, officers and employees of the Council shall be such as may be prescribed. (6) The Council shall have the power to regulate its own procedure. 4. The Council shall perform any or all of the following functions, namely, to: — Functions of the Council. (a) formulate and implement policies for the protection, preservation, and promotion of tribal heritage; (b) identify and document the tangible and intangible cultural heritage of tribal communities of the country; (c) establish and maintain cultural centers, museums, and libraries dedicated to tribal heritage; (d) promote research, education, and awareness about tribal heritage; (e) provide financial and technical assistance to tribal communities and organizations engaged in the protection of tribal heritage; (f) collaborate with national and international organizations for the exchange of knowledge and best practices in tribal heritage conservation; (g) advise the Central Government on legislative and administrative measures necessary for the protection of tribal heritage; and (h) undertake such other measures as the Council may deem appropriate for the implementation of the provisions of this Act and perform such other functions as may be assigned to it by the Central Government. CHAPTER III RIGHTS AND OBLIGATIONS 5. The tribal communities shall have the right to: - Rights of tribal communities. (a) protect, preserve, and promote their cultural heritage; (b) participate in the decision-making processes regarding their cultural heritage; and (c) access financial and technical assistance provided by the Council for the protection of their cultural heritage. 6. (1) The Central Government shall,- Obligations of the Central Government. (a) ensure the protection, preservation, and promotion of tribal heritage; and (b) take necessary measures to prevent the exploitation and commercialization of tribal heritage without the consent of the respective tribal communities. CHAPTER IV ROLE OF STATE GOVERNMENTS AND DISTRICT ADMINISTRATION 7. (1) Every State Government shall, by notification, constitute, State Tribal Heritage Committees to support the activities of Role of State Governments. the Council at the State level. (2) The State Committees shall consist of representatives from tribal communities, experts in tribal culture, and government officials, to be appointed by the respective State Government, in such manner as may be prescribed. (3) The State Committees shall coordinate with the Council to implement policies and programs for the protection of tribal heritage. 8. (1) The District Collector or an officer designated by the District Collector shall be responsible for the implementation of the Role of district administration. provisions of this Act at the district level. (2) The District Administration shall ensure that,- (i) tribal heritage sites and practices are identified and documented; (ii) financial and technical assistance is provided to tribal communities for heritage protection; (iii) complaints related to the violation of the provisions of this Act are addressed swiftly; and (iv) regular inspections are conducted to ensure compliance with heritage protection guidelines. CHAPTER V GRIEVANCE REDRESSAL 9. (1) The Council shall, in such manner as may be prescribed, Establishment of grievance redressal mechanism. establish a grievance redressal mechanism to address complaints regarding the violation of the provisions of this Act, received in such form and manner as may be prescribed. (2) The Council shall ensure that the grievance redressal mechanism includes, - (i) a toll-free helpline number for lodging complaints; (ii) a web portal for filing and tracking complaints; and (iii) designated officers at the State and district levels to address and resolve complaints within a stipulated timeframe. CHAPTER VI DATABASE MANAGEMENT 10. (1) The Council shall establish and maintain a centralized database at the district, state, and national levels for recording Establishment of a database on tribal heritage. real-time data on tribal heritage. (2) The database shall include, but not be limited to,- (i) details of tribal heritage sites and practices; (ii) details of tribal communities; (iii) documentation of tangible and intangible tribal heritage; (iv) status of protection and preservation efforts; and (v) details of financial and technical assistance provided. 11. (1) The District Collector or an officer designated by the District Collector shall be responsible for ensuring the timely and accurate Role of District Administration in database management. entry of data into the database at the district level. (2) The District Administration shall coordinate with tribal communities and other stakeholders to ensure real-time data entry and accuracy. 12. (1) The State Governments, in coordination with the respective State Committees, shall oversee the integration and management State and National Level coordination. of the district-level databases to form a comprehensive state-level database. (2) The Central Government, in coordination with the Council, shall ensure the integration of state-level databases into a national database. 13. (1) The database shall be accessible to designated authorities established under this Act, for monitoring and enforcement Accessibility and transparency. purposes. (2) The tribal communities shall have the right to access relevant data pertaining to their tribal heritage. 14. (1) The Central Government shall ensure that the database is secure and that the privacy of tribal communities is protected. Data security and privacy. (2) Any unauthorized access to or misuse of the database shall be punishable under relevant laws. CHAPTER VII PENALTIES 15. (1) Any individual or entity found to be acting in violation of the provisions of this Act shall be liable to be punished for the first Penalty offence, with imprisonment for two years or with fine which may extend to one lakh rupees, or both and for any second or subsequent offence with imprisonment for five years or with fine which may extend to five lakh rupees, or both: Provided that the penalty under this section shall be in addition to and not in derogation of imposition of any penalty under any other law for the time being in force. CHAPTER VIII MISCELLANEOUS 16. The Central Government shall, after due appropriation made by Parliament by law in this behalf, provide adequate funds, as Central Government to provide funds. it may deem fit, to the Council and the State Committees, for carrying out the purposes of this Act. 17. (1) The Council shall prepare once in every year, in such form, manner and at such time as may be prescribed, an annual report Furnishing of Annual Reports etc. giving a full account of its activities during the previous year as well as such other reports and returns, as may be directed from time to time, and copies of such report and returns shall be forwarded to the Central Government. (2) A copy of the annual report and returns received under sub section (1) shall be laid, as soon as may be after it is received, before each House of Parliament. 18. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Power to remove difficulties Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 19. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. Act not in derogation of any other law. 20. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Power 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. STATEMENT OF OBJECTS AND REASONS India is home to a vast and diverse tribal heritage that encompasses a wide array of cultural, linguistic, historical, and artistic expressions and practices. The tribal communities of India, spread across various regions and States, have rich traditions that include unique languages, folklore, dance, music, crafts, rituals, and ways of life. This heritage is not only a testament to India's cultural diversity but also contributes significantly to the country's cultural mosaic. However, this invaluable tribal heritage faces several challenges that threaten its preservation and continuation. Among these challenges are: (i) Urbanization and Industrialization: The rapid pace of urbanization and industrialization has led to the displacement of tribal communities from their ancestral lands, disrupting their traditional way of life and leading to the erosion of their cultural practices. (ii) Globalization: The influence of global cultural trends and the spread of mass media have contributed to the homogenization of cultures, putting traditional tribal practices at risk of being forgotten or replaced by more dominant cultural norms. (iii) Economic Marginalization: Many tribal communities face economic challenges that limit their ability to sustain and promote their cultural practices. Lack of resources and opportunities often forces these communities to prioritize immediate economic needs over the preservation of their heritage. (iv) Environmental Degradation: The degradation of natural habitats due to deforestation, mining, and other activities not only affects the livelihoods of tribal communities but also impacts their cultural practices, which are often closely tied to their natural surroundings. (v) Legal and policy gaps: There are gaps in the legal and policy frameworks for the protection of tribal heritage, leading to insufficient safeguarding of their cultural rights and heritage. (vi) Lack of Documentation and Research: Much of the tribal heritage remains undocumented, and there is a lack of comprehensive research and academic focus on the diverse cultural practices of tribal communities. This makes it difficult to develop informed policies and initiatives for their preservation. Given these challenges, there is an urgent need for a comprehensive framework dedicated to the protection, preservation, and promotion of tribal heritage. The establishment of the National Tribal Heritage Council aims to address the multifaceted challenges being faced in the preservation of tribal heritage and providing a robust framework for its protection, preservation, and promotion. This Bill aims to ensure that the rich and diverse cultural heritage of India's tribal communities continues to thrive and contribute to the nation's cultural legacy. This Bill also confers the right to tribal communities to protect, preserve, and promote their cultural heritage, participate in the decision-making processes regarding their cultural heritage, and access financial and technical assistance provided by the Council for the protection of their heritage. It also lays down the role of the State Governments and District Administration in supporting the functioning of the Council. Further it provides for establishment of a centralized database at the district, state, and national levels for recording real-time data on tribal heritage, its access etc. This Bill seeks to achieve the above-said objectives. SUMITRA BALMIK FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of the National Tribal Heritage Council, appointment of the Chairperson, Members, officers and employees therein and the salary and allowances or remuneration payable to them and other terms and conditions of their service. Clause 4 inter alia provides that the Council shall establish and maintain cultural centers, museums, and libraries dedicated to tribal heritage; provide financial and technical assistance to tribal communities and organizations engaged in the protection of tribal heritage etc. Clause 5 inter alia confers the right to tribal communities to protect, preserve, and promote their cultural heritage and access financial and technical assistance provided by the Council for the protection of their heritage. Clause 6 lays down the obligations of the Central Government. Clause 7 provides for establishment of State Tribal Heritage Committees. Clause 8 lays down the role of the District Administration. Clause 9 provides for the establishment of a grievance redressal mechanism including toll-free helpline number, web portal and designated officers at the State and District levels to address and resolve complaints within a stipulated timeframe. Clause 10 provides for the establishment of a centralized database at the district, State and National level for recording real-time data on tribal heritage. Clause 16 provides that the Central Government shall grant funds to the Council and the State Committees for carrying out the purposes of this Act. The Bill, 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 18 of the Bill empowers the Central Government make such provisions through an order for removing any difficulty that might arise in giving effect to the provisions of the Bill. Clause 20 of the Bill empowers the Central Government to make rules and the National Commission for Workers, with the approval of the Central Government, to make regulations, for carrying out the purposes of the Bill. As the matters in respect of which rules or regulations or orders may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. XI Bill No. LI of 2024 A Bill to provide for establishment of an Authority to regulate coaching institutes across the country for the oversight and accountability of such institutes, to ensure that they provide a conducive learning environment while safeguarding the mental and emotional health of students, to provide for liability of the coaching institute in case of suicide committed by the student 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 Coaching Institutes (Accountability Short title and commencement. and Regulation) Act 2024. (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 and in all other cases, the Central Government; (b) "Authority" means the Coaching Institutes Regulatory Authority established under Section 3 of this Act. (c) ‗coaching institute‘ means any educational institution or establishment, established either before or after the enactment of this Act, whether instituted, run, or administered by an individual, partnership, trust, society, company, or any other legal entity, that provides coaching or tutoring services to students, for any study programme or academic support and enhancement to students at school, college, and university level or for preparing them for appearing in competitive examinations to gain admission into higher education or any professional course including engineering or medical or for appearing in any examination conducted by any Government or private establishment for the purpose of securing employment; Explanation– for the purpose of this definition, the term ‗coaching institute‘ shall not include any school, institute, college, or university, established or recognized by the appropriate Government; (d) ‗competitive examination‘ refers to any examination conducted for admission into educational institutions or for recruitment to government or private sector jobs; and (e) ‗student‘ refers to any individuals enrolled or receiving coaching services from a coaching institute as defined in sub-section (c). 3. (1) The Central Government shall, within a period of one year from the date of commencement of this Act, by Establishment of the Coaching Institutes Regulatory Authority (CIRA). notification in the Official Gazette, establish an Authority to be known as the Coaching Institutes Regulatory Authority to exercise the powers conferred upon and to perform the functions assigned to it, under this Act. (2) The Authority shall have its headquarters in New Delhi and offices in every State and Union territory. (3) The Authority shall consist of: — (i) a Chairperson, to be nominated by the Central Government, from amongst the Members of the Authority; (ii) not less than seven Members, to be appointed by the Central Government, with at least one member each being a , – (a) person with extensive professional expertise in the field of education; (b) person with extensive professional expertise in the field of mental health; (c) representative of coaching institutes; (d) representative of parents studying in coaching institutes; and (e) representatives of students undertaking coaching from coaching institutes. (4) The Authority shall have a Secretariat with such number of officers and staff headed by a Secretary, who shall be the Member Secretary to the Authority, for the efficient discharge of its functions under this Act. (5) The salary and allowances payable to, the term of office and other terms and conditions of service of the Chairperson and Members of the Authority as well as those of the officers and staff thereof including the mode of their recruitment and requisite qualifications and experience shall be such as may be prescribed by the Central Government. (6) The Authority shall observe such procedure in the regulation and transaction of its business, as may be prescribed by the Central Government, from time to time. 4. The Authority shall perform all or any of the following functions, namely, – Duties and functions of the Authority. (i) creating and maintaining a database of coaching institutes across the country in coordination with the appropriate Government; (ii) conduct the process of registration of coaching institutes across the country as stipulated under section 5 of this Act in coordination with the appropriate Government; (iii) formulating guidelines and regulations for the effective functioning of coaching institutes, ensuring adherence to standards of teaching, infrastructure, and student welfare; (iv) formulating a code of conduct to be adhered by the coaching institutes, which shall include but not be limited to issuance of directions regarding maintenance of proper records by the institutes, norms regarding ideal strength of a classroom, time schedule of classes, support systems for students, basic infrastructure, and such other requirements to be fulfilled by the coaching institutes, as may be prescribed from time to time; (v) monitoring and assessing coaching institutes to ensure compliance with the provisions of this Act by conducting regular inspections and audits; (vi) act as a national-level grievance redressal authority in matters related to violation of the provisions of this Act and rules and regulations issued thereunder by coaching institutes by receiving complaints from students, parents, or any concerned individuals in this regard, with provisions for their redressal; (vii) investigating cases relating to student suicides to understand the reasons behind the same including the role or negligence on the part of the coaching institute, if any, and if found guilty, initiate appropriate action against the coaching institute as stipulated under sections 7 and 8 of this Act; (viii) Initiating suo-moto investigations into matters related to offences committed by any coaching institute as defined under section 6 of this Act; (ix) collaborating with mental health organizations and experts to develop programmes and initiatives aimed at addressing student stress, anxiety, and mental health issues within coaching institutes and monitoring their strict implementation in coaching institutes; (x) advise the appropriate Government on such matters arising out of the administration of this Act or as may be referred to it by the appropriate Government, from time to time; and (xi) such other functions, as it may consider necessary, for implementation of the provisions of this Act and any other matters incidental to the above functions. 5. (1) With effect from such date as the Central Government may by notification in the Official Gazette appoint, no person or Compulsory registration of Coaching Institutes. establishment shall run a coaching institute without prior registration with the Authority. (2) The procedure for application for registration including the conditions to be fulfilled by the coaching institutes to be eligible for registration, the form and manner of application; the tenure of registration and renewal of registration on expiry thereof shall be such as may be prescribed. (3) Any person or establishment running a coaching institute before the commencement of this Act shall apply to the Authority within such period from the date of commencement of this Act, as may be determined by the Authority and in such form, manner and subject to fulfilment of such conditions as may be prescribed. 6. Without prejudice to any other penal or legal action that may be Suspension and Revocation of Registration. taken for violation of the relevant law, the registration of a coaching institute may at any time be suspended or revoked, if the Authority after due process is satisfied that the coaching institute has contravened any of the provisions of this Act or violated any of the prescribed terms and conditions, subject to which the registration was given. Provided that, no such order shall be passed by the Authority without giving the coaching institute a reasonable opportunity of being heard. 7. A coaching institute shall be liable for the suicide of a student undertaking coaching therefrom, if it is established beyond doubt by Liability of Coaching Institutes for student suicides. the Authority after due process that the suicide was committed a result of, – (a) undue academic pressure exerted by the staff or management of the coaching institute creating an excessively stressful environment for the student; (b) negligence in addressing complaints or grievances raised by the student regarding academic pressure or harassment or undue stress; (c) failure to provide adequate counselling or mental health support services to the student; and (d) any other action or omission by the coaching institute that contributed to mental distress of the student leading to the suicide. 8. (1) Any coaching institute that is held liable for a student suicide as per the provisions of section 7 of this Act, shall be punishable with Offences and Penalties. imprisonment or with fine or with both. (2) Any coaching institute who contravenes or acts in violation of any of the provisions of this Act or the rules or regulations made thereunder shall be punishable for the first offence with suspension of its registration for such period, as may be specified by the Authority, and for second or subsequent offence, with revocation of its registration leading to permanent cessation of operations, or closure and seizure of assets in cases of severe or repeated non-compliance, as may be determined by the Authority based on the severity and frequency of offence. 9. Any offence committed under this Act shall be cognizable and triable by a court not inferior to that of a Metropolitan Magistrate or the Cognizance of Offences. Court of a Judicial Magistrate of the First Class exercising jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023, in the area where the coaching institute is situated, shall try any offence under this Act. 10. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, Offences by a Company. was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section— (a) ―company‖ means anybody corporate and includes a firm or other association of individuals; and (b) ―director‖, in relation to a firm, means a partner in the firm. 11. The Authority shall, while investigating any matter referred to it under clauses (vi), (vii) and (viii) of section 4, have all the powers of Authority to have powers of Civil Court. a Civil Court trying a suit and, in particular in respect to the following matters, namely, – (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing Authority for the examination of witnesses and documents; and (f) any other matter which may be prescribed. 12. The appropriate Government shall consult the Authority on all policies related to coaching institutes across the country. Appropriate Government to consult the Authority. 13. Every State Government shall be responsible for the implementation and enforcement of the provisions of this Act within its respective Duty of State Governments. jurisdictions, establish and maintain necessary administrative and regulatory infrastructure and cooperate with the Authority in the implementation and enforcement of this Act. 14. The Central Government shall, after due appropriation made by Parliament by law on this behalf, grant such sums of money to Central Government to provide adequate funds to the Authority. the Authority, as it may think fit, for carrying out the purposes of this Act. 15. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as Accounts and Audit. may be prescribed, in consultation with the Comptroller and Auditor General of India. (2) The accounts of the Authority as audited and certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the Authority to the Central Government which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. 16. (1) The Authority shall prepare every year, in such form and within such time as may be prescribed by the Central Government, an Annual Report of the Authority. annual report giving a true and full account of its activities during the previous year and forward the same to the Central Government, which shall cause it to be laid, as soon as may be after it is received, before each House of Parliament. (2) Where the report or any of its part is related to any of the issues connected with the State Government, a copy of such report shall be forwarded to the Governor of that State, who shall in turn, cause to be laid before the State legislature concerned, such report along with an explanatory memorandum concerned with the action taken or proposed to be taken on the recommendations related to the State, if any, and reasons for not accepting any of the recommendations made therein, within a period of one year from the date of receipt of such report. 17. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in Act not in derogation of any other law. force. 18. The provisions of this Act and rules made there under shall have effect notwithstanding anything inconsistent therewith contained in Act to have an overriding effect. any other law for the time being in force. 19. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may make such order or give such direction, Power to remove difficulties. not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing such difficulty. 20. (1) The Central Government may, by notification in the Official Gazette, make rules, for carrying out the provisions of this Act. Power to make rules and regulations. (2) The Authority, may, by notification in the Official Gazette, make regulations, for carrying out the provisions of this Act. (3) Every rule and every regulation made 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. 21. Any provisions inconsistent with the provisions of this Act shall be repealed, and all actions taken previously shall be saved. Repeal and Savings. STATEMENT OF OBJECTS AND REASONS The coaching industry in India has burgeoned into a pervasive phenomenon, with reports suggesting revenue skyrocketing from 24,000 crore rupees in 2015 to 58,088 crore rupees presently, and projections indicating further growth to 1,33,995 crore rupees by 2028. What was once considered a temporary solution has evolved into a lifelong commitment for students, beginning as early as age five and persisting for decades, perpetuating across generations. Approximately, 7.1 crore students are enrolled in tuitions, leading to concerns about the erosion of childhood and the escalation of stress levels due to relentless academic pressure. The increase in student suicides, exemplified by 26 reported cases in Kota alone in 2023, underscores the immense pressure faced by school children. The Department of Higher Education, under the Ministry of Education, has highlighted issues such as inadequate facilities, and questionable teaching methodologies prevalent in coaching institutes. The rise of "dummy schools" affiliated with coaching centres, where physical attendance is not mandatory, has further exacerbated regulatory challenges. Families often uproot themselves and incur substantial debts to relocate to coaching hubs in pursuit of perceived educational quality, contributing to social and financial strains. There is an urgent need for comprehensive regulation to safeguard student well-being and ensure the integrity of the education system. A large- scale survey is warranted to study the industry comprehensively, particularly its impact on school-level education where even kindergarten children are reliant on private tuitions. In light of the same, the proposed regulation aims to establish a Regulatory Authority for overseeing and regulating coaching institutes across the country and formulating stringent guidelines and oversight mechanisms to mitigate adverse fallouts due to the stress and anxiety to perform well generated by coaching institutes while promoting a balanced and nurturing learning environment for students. Hence, this Bill. FAUZIA KHAN FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of the Coaching Institutes Regulatory Authority and appointment of a Chairperson and Membersas well as officers and staff of the Authority and provides for the salaries and allowances payable to them.Clause 14 provides for the provision of adequate funds to the Authority by the Central Government. The Bill, therefore, if enacted, would involve both recurring and non-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 19 of the Bill empowers the Central Government to make issue orders to remove difficulties. Sub-clause (1) of Clause 20empowers the Central Government to make rules for carrying out the provisions of the Bill, whereas, sub-clause (2) empowers the Coaching Institutes Regulatory Authority to make regulations for carrying out the purposes of the Bill.As the rules, regulations and orders will relate to matters of detail only, the delegation of legislative power is of a normal character. XII Bill No. L 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. In article 124 of the Constitution, after clause (2A), the following new clauses shall be inserted, namely :— Amendment of article 124. “(2B) Notwithstanding anything in this Constitution, the appointment of Judges to the Supreme Court shall be made by giving due representation to members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, religious minorities and women, in proportion to their population in the country: Provided that the provisions of this clause shall not apply to such categories which are already represented in the total strength of Judges of the Supreme Court in proportion to their population in the country. (2C) Subject to the provisions of clause (2B), the Central Government shall frame a Memorandum of Procedure for appointment of Judges of the Supreme Court in consultation with the Chief Justice of India, setting out the timelines and procedure including identifying, assessing, recommending, and appointing suitable candidates as Judges of the Supreme Court. (2D) If the Chief Justice or Judge of any High Court is being considered for appointment as a Judge of the Supreme Court, the Central Government shall consult the Government of that State before making such appointment. (2E) The Central Government shall either return or notify any recommendation of the collegium of the Supreme Court for appointment of Judges of the Supreme Court within sixty days of receipt of the recommendation. Provided that if any recommendation is returned by the Central Government and the same is re-iterated by the collegium of the Supreme Court, the Central Government shall notify the same within a period of thirty days of receipt of the reiteration. Explanation— For the purpose of this clause, ‘collegium of the Supreme Court’ shall mean a Committee comprising of five senior-most Judges of the Supreme Court including the Chief Justice of India.” 4. In article 224, after clause (1), the following new clause shall be inserted, namely :— Amendment of Article 224. “(1A) Notwithstanding anything contained in this Constitution, the appointment of additional Judges to the High Court of a State shall be made, by giving due representation to members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, religious minorities and women, in proportion to their population within that State: Provided that the provisions of this clause shall not apply to such categories which are already represented in the total strength of Judges and additional Judges of a High Court in proportion to their population within that State.” STATEMENT OF OBJECTS AND REASONS India is a diverse nation with a rich tapestry of cultures, communities, genders, and religions. The preamble of our Constitution envisions securing social justice for all. However, the current composition of the higher judiciary does not adequately reflect this diversity. The current trend in judicial appointments shows a dismal representation of socially marginalized groups and there is significant over-representation of certain sections. There is a diversity deficit in the appointment of Judges to Supreme Court and High Courts, leading to a situation of inequality. A representative judiciary is pivotal for fostering public confidence in the judiciary's ability to make sound and responsive decisions. When the judiciary includes Judges from all sections of society, it instills greater confidence amongst the public, who feel that their lived realities and concerns are understood and addressed. This inclusivity is essential for the public to perceive the court system as impartial and accessible. Further, a diverse judiciary is imperative to enhance the quality of judicial decisions. Judges bring their personal experiences and perspectives to the bench, influencing how they interpret and apply the law. Judges from varied backgrounds will draw from a wider range of experiences, resulting in more balanced and comprehensive judgments. A diverse judiciary is also less likely to violate the rights of underrepresented classes and more likely to prevent discrimination. The lack of Judges from historically oppressed and minority communities indicates systemic barriers that must be addressed. A judiciary that fails to reflect the social composition of the nation poses a serious constitutional challenge, undermining the public's confidence in the justice system. Increasing diversity ensures that the judiciary protects the rights of all citizens and reflects the nation's pluralistic society. A constitutional mandate in this regard would ensure that the superior courts are never underrepresented. It is of utmost importance that equitable representation and fair play in the higher judiciary are secured through constitutional channels. The Collegium of the Justice(s) of the Hon’ble Supreme Court and Hon’ble High Courts is an aspect of judicial appointments which is a closed-door phenomenon. Having a transparent procedure for judicial appointments would reflect a greater faith in the Constitution and the Judiciary. An established Memorandum of Procedure by the Central Government in consultation with the Chief Justice of India for appointment of Judges of the Supreme Court and in consultation with all the State Governments, Governments of Union Territories, the Chief Justice of India and Chief Justices of all State High Courts for appointment of Judges of High Courts, would ensure that there are no deviations in conventions and would also ensure that the judicial appointments are fair and transparent. Furthermore, to enhance transparency, the Collegium should also consider the opinion of their respective State Governments while recommending names for appointment as Judges of the High Courts to the Central Government. Despite judicial pronouncements on the appointment of Judges calling for a Memorandum of Procedure, no such memorandum has been finalized till date by the Central Government. The opinions of the State Government and the Central Government have to be considered for which there is no mechanism in place at present. The Memorandum of Procedure is contemplated to have a timely action so that the appointment procedure shall not be delayed beyond a fixed time period. Another important aspect is that the recommendations of the Supreme Court collegium for appointment of Judges to High Courts and Supreme Court are kept in cold storage without taking any decision. This has brought to a grinding halt the process of appointment of Judges and the institutions suffer on account of unfilled vacancies and delay in filling up of vacancies. Further, when the Judges of the Supreme Court and High Courts have the power of judicial review to test the policies and laws made or enacted by the lawfully and democratically elected State Governments, it is sequitur that the views and opinions of the concerned State Governments be heard before making such appointments. After all, the State and the Central Governments are equal and function in the spirit of co-operative federalism. A message should not be sent out to the Judges/ Chief Justices that only the views of the Central Government matter in the appointment of Judges, thereby cultivating a bias towards the Central Government, and proportionate disaffection towards the State Governments where an opposition party is in power. Therefore, the views of the Central Government alone are not sufficient in making judicial appointments. Therefore, this Bill seeks to amend the Constitution of India to provide for social diversity in the appointment of Judges to the Supreme Court and High Courts, proportional to the population of Scheduled Castes, Scheduled Tribes, and Other Backward Classes and to bring transparency in judicial appointments in higher judiciary. Providing for reservation in judicial appointments, with an aim to promote social diversity, will definitely help in improving the quality of judicial decisions, enhancing public confidence, bringing transparency to judicial appointments and upholding the constitutional values of equality and inclusivity. The Bill seeks to achieve the above objectives. P. WILSON XIII Bill No. XLVIII of 2024 A Bill to provide for a dedicated institution in the form of the National Agricultural Commission to address the multifaceted challenges faced by the agricultural sector and promote its sustainable development 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 National Agricultural Commission Act, Short title and commencement. 2024. (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) ―agriculture‖ means the basic and applied sciences of cultivating the soil along with water and land use management, including crop production and gathering, pest control, horticulture, floriculture, animal husbandry, sericulture, pisciculture, apiculture, dairy and poultry farming, forestry including farm forestry, agricultural engineering and technology, marketing and processing of agricultural, dairy and poultry products and other allied activities, whether or not undertaken jointly with agriculture; (b) ―agricultural produce‖ means anything produced from the land or water in the course of agriculture and includes forest produce or any produce of like nature either processed or unprocessed and includes food items such as wheat, rice, coarse grains, pulses, edible oilseeds, oils, vegetables, fruits, sugarcane, edible nuts, spices, coconut, honey, tobacco etc.; dairy and poultry products intended for human consumption in its natural or processed form; fish; raw cotton, raw jute and raw silk; cattle fodder including oil cakes and other unprocessed and processed items used for feeding livestock; rubber, bamboo and such other agricultural produce as may be notified by the Central Government, from time to time; (c) “agricultural sector‖ encompasses all activities and establishments primarily engaged in agriculture and other allied activities; (d) ―Commission‖ means the National Agricultural Commission established under section 3 of this Act; (e )―farmer‖ means a person engaged in the production of agricultural produce by self or by hired labour or otherwise, and includes the farmer producer organisations; (f ) ―prescribed‖ means prescribed by rules made under this Act; and (g) “stakeholders‖ include land owning farmers, agricultural workers, agricultural scientists, policymakers, government agencies, and other relevant entities involved in the agricultural sector. 3. (1) The Central Government shall, by notification in the Official Gazette, establish a Commission to be known as the National Establishment of the National Agricultural Commission. Agricultural Commission for carrying out the purposes of this Act. (2) The head office of the Commission shall be at New Delhi. (3) The Commission may, in consultation with the Central Government, establish offices at any other place in the country, as it may deem fit, for carrying out the purposes of this Act. (4) The Commission shall consist of,- (a ) a Chairperson; (b ) a Vice Chairperson; and (c) at least ten Members, including at least one expert in agriculture/environmental science/rural development, and at least one representative each from prominent farmers’ organisations in the country, agricultural universities, and relevant Central Government Departments; to be appointed by the President by warrant under his signature and seal. (5) The Commission shall have the power to regulate its own procedure. (6) The Central Government shall provide such number of experts, officers and staff to the Commission, as maybe required for its efficient functioning. (7) The salary and allowances payable to, the term of office, qualifications and experience and other terms and conditions of service of the Chairperson, Vice Chairperson, Members, experts, officers and staff of the Commission shall be such as may be prescribed. 4. The objectives of the Commission shall include, but not be limited to,- Objectives of the Commission. (a) conducting comprehensive studies and research on various aspects of agriculture, including best farming practices, technology adoption, market dynamics, and policy interventions; (b) identifying key challenges and opportunities in the agricultural sector and recommending strategies and policies for sustainable agricultural development; (c) facilitating dialogue and collaboration amongst stakeholders to address issues related to land use, water management, climate resilience, and natural resource conservation; (d) providing advice and assistance to the Central Government and State Governments on matters pertaining to agriculture, including formulation of policies, programs, and regulations as well as determination of the minimum support price of agricultural produce; (e) monitoring and evaluating the implementation of agricultural policies and programs of the Central and State Governments and recommending corrective measures as may be deemed necessary; (f) maintaining the price of agricultural produce at appropriate levels, monitor the import and export of agricultural produce and suggest measures for proper storage of agricultural produce, particularly perishable items; (g) promoting innovation, technology transfer, and capacity building in agriculture to enhance productivity, income, and livelihoods of farmers; and (h) performing other such functions as the Commission may deem necessary for the advancement of agriculture and welfare of farmers in the country. 5. The Commission shall perform all or any of the following functions and exercise the following powers to achieve the objectives laid down under Powers and functions of the Commission. section 4 of this Act, namely:– (a) to summon and examine witnesses, call for documents, and gather information necessary for fulfilling its objectives; (b) constitute sub-committees or expert groups to examine specific issues or undertake specialised tasks as required; (c) publish reports, studies, and recommendations for the benefit of policymakers, stakeholders, and the public; (d) collaborate with national and international organisations, research institutions, and other relevant bodies to enhance its effectiveness and impact; (e) seek grants, donations, or other forms of financial support from public or private sources to supplement its budgetary allocation, in such form and manner as may be prescribed; and (f) such other functions as may be assigned to it by the Central Government, from time to time. 6. The Commission shall, while investigating any matter referred to it in under sub-section (a) of section 5, have all the powers of a Civil Court Commission to have powers of Civil Court. trying a suit and, in particular in respect of the following matters, namely,– (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commission for the examination of witnesses and documents; and (f) any other matter which may be prescribed. 7. The Central Government may, after due appropriation made by Parliament by law in this behalf, provide adequate funds to the Central Government to provide funds. Commission for carrying out the purposes of this Act. 8. The Commission shall prepare in such form and at such time in each calendar year, as may be prescribed, an annual report giving a full Annual Report. account of its activities findings, recommendations, and financial statements during the previous year and submit the same to the Central Government, which shall cause it to be laid before each House of Parliament. 9. The provisions of this Act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other Act to have overriding effect law for the time being in force. 10. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may make such order or give such direction, not Power to remove difficulties. inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing such difficulty. 11. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Power 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. STATEMENT OF OBJECTS AND REASONS Agriculture serves as the primary source of livelihood for approximately 55 per cent of the population of India. It contributes substantially to the GDP of the country and is a cornerstone of rural economies. The decline in agriculture GDP growth signifies distress in the sector, necessitating proactive measures to reverse this trend. 2. The agriculture sector in India grapples with multifaceted challenges, including stagnant or falling agricultural prices, declining real incomes of farmers, rural unemployment and inadequate public investment. These challenges, if left unaddressed, can exacerbate rural distress and impede socio-economic development. 3. Small landholdings, outdated farming practices, water scarcity, soil degradation, inadequate infrastructure, market access constraints vulnerability to climate change and natural disasters are structural impediments hampering the sector's growth and resilience. Addressing these issues requires a holistic and integrated approach. 4. Therefore, National Agricultural Commission, as proposed to be established under this Bill, would ensure coherence and continuity in agricultural policies by providing expert guidance and recommendations across different government administrations. It would serve as a knowledge repository, facilitating evidence-based policymaking and fostering innovation in agricultural practices. 5. The voices of farmers and representation in policy formulation processes are crucial for designing interventions that address their specific needs and challenges effectively. The Commission can act as a platform for fostering dialogue between policymakers, agricultural experts, and grassroots stakeholders, thereby empowering farmers and enhancing their participation in decision-making. 6. By adopting a long-term perspective, the Commission can develop strategic plans and roadmaps for sustainable agricultural development, encompassing aspects such as technology adoption, infrastructure enhancement, market reforms, and risk management strategies. It would promote resilience, innovation, and competitiveness in the agriculture sector. Hence, this Bill. FAUZIA KHAN FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of a National Agriculture Commission, appointment of the Chairperson, Vice Chairperson, members, experts, officers and staff therein and the salary and allowances payable to, and other terms and conditions of service thereof. Clause 4 stipulates the objectives of the Commission including conducting comprehensive studies and research on various aspects of agriculture, including best farming practices, technology adoption, market dynamics, and policy interventions and monitoring and evaluating the implementation of agricultural policies and programs and recommending corrective measures as may be deemed necessary. Clause 5 lays down the powers and functions of the Commission, including constituting sub- committees or expert groups to examine specific issues or undertake specialised tasks as required; and publishing reports, studies, and recommendations for the benefit of policymakers, stakeholders, and the public. Clause 8 provides that the Central Government shall grant funds to the Commission for carrying out the purposes of this Act. The Bill, if enacted, would involve expenditure both of non-recurring and recurring expenditure from the Consolidated Fund of India. However,it is not possible to estimate the exact recurring and non-recurring expenditure at this stage. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 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 12 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. XIV Bill No. XLIX of 2024 A Bill to protect the right of the next of kin or authorized persons to receive the mortal remains of deceased individuals without undue delay and prevent harassment by clinical establishments on account of outstanding dues 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 Release of Mortal Remains by Clinical Short title and commencement. Establishments Act, 2024. (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) “applicant” means any person making an application for claiming the mortal remains of the deceased person under sub-section (1) of section 4; (b) “clinical establishment” shall have the same meaning as assigned to it under clause (c) of section 2 of the Clinical Establishments (Registration and Regulation) Act, 2010; (c) “deceased person” means any person admitted to a clinical establishment for in-patient treatment due to an illness or admitted under casualty or emergency circumstances and passed away during treatment therein; (d) “nodal officer” means a person appointed as such by the clinical establishment under sub-section (1) of section 3; (e) “outstanding dues” means any pending dues or charges claimed by a clinical establishment for the provision of treatment or for costs incurred in respect of the deceased person or in relation to his treatment therein; and (f) "prescribed" means prescribed by rules made under this Act. CHAPTER II DUTIES OF CLINICAL ESTABLISHMENTS 3. (1) Every clinical establishment shall appoint a person from amongst its staff, possessing such qualifications, expertise and experience as may be Appointment and functions of nodal officer. prescribed, as a nodal officer for discharging the duties as assigned under this Act, within thirty days from its notification in the Official Gazette. (2) The nodal officer shall be responsible for,- (a) processing the application for handing over the mortal remains of the deceased person; and (b) ensuring that the mortal remains of the deceased person are handed over in a proper and dignified manner to the applicant immediately after grant of consent, in accordance with provisions of sub-section (2) of section 4 of this Act. 4. (1) Any person who is the next of kin of the deceased person or any other person authorized by law to receive the mortal remains of the deceased Procedure for claiming the mortal remains of a deceased person. person, seeking to claim such mortal remains, shall submit an application to the nodal officer appointed for the said purpose under section 3 of this Act, in such form and manner as may be prescribed by the Central Government. (2) The nodal officer shall on receipt of such application, process the same and grant the consent for handing over the mortal remains of the deceased person immediately: Provided that in case of any delay in processing or rejection of the application made under sub-section (1), the nodal officer shall record the reasons for such delay or rejection, as the case may be, in writing and, provide the same to the applicant immediately. Provided further that the nodal officer shall not reject any application made under sub-section (1), solely on account of any outstanding dues in the name of the deceased person, as claimed by the clinical establishment. 5. Notwithstanding anything contained in section 4, no clinical establishment shall withhold the release of mortal remains of any deceased person solely Duty to release the mortal remains of a deceased person. on account of any outstanding dues in his name, as claimed by the clinical establishment. CHAPTER III OFFENCES AND PENALTIES 6. Any clinical establishment that fails to release the mortal remains of a deceased person to the applicant in contravention of the provisions of this Punishment for failure to release the mortal remains of the deceased person solely on account of any outstanding dues. Act shall be punishable for a first offence with imprisonment which may extend to six months, or a fine which may extend to five lakh rupees, or both, and for any second or subsequent offence with imprisonment which may extend to one year, or a fine which may extend to twenty-five lakh rupees, or both. 7. Where, on a complaint made by the applicant, it is found after due process that an application made under sub-section (1) of section 4 was rejected by Punishment for refusal to grant consent for release of the mortal remains of the deceased person solely on account of any outstanding dues. the nodal officer solely on account of any outstanding dues in the name of the deceased person as claimed by the clinical establishment, such nodal officer shall be punished for a first offence with imprisonment which may extend to six months, or a fine which may extend to five lakh rupees, or both, and for any second or subsequent offence with imprisonment which may extend to one year, or a fine which may extend to twenty-five lakh rupees, or both. 8. Any offence committed under this Act shall be cognizable and triable by a court not inferior to that of a Metropolitan Magistrate or the Court of a Cognizance of Offences. Judicial Magistrate of the First Class, exercising jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023 in the area where the applicant resides or where the clinical establishment is situated. 9. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, Offences by companies. and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section— (a) “company” means anybody corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. CHAPTER IV MISCELLANEOUS 10. Nothing contained in this Act shall affect the right of any clinical establishment, whether statutory or contractual, to recover any outstanding Right of clinical establishments to recover outstanding dues. dues from any person. 11. The provisions of this Act shall be in addition to and not in derogation of Act not in derogation of any other law. any other law for the time being in force. 12. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make Power to remove difficulties. such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid before each House of Parliament in such manner as may be prescribed. 13. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Power to make rules. (2) Every rule made under this Act shall be laid 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; however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. STATEMENT OF OBJECTS AND REASONS The primary objective of the Release of Mortal Remains by Clinical Establishments Bill, 2024 is to ensure the dignified release of mortal remains from clinical establishments to the next of kin or authorized persons without undue delay or harassment solely on account of outstanding dues in the name of the deceased person. This legislation aims to address the grievances of families, who face difficulties in claiming the bodies of their loved ones due to pending hospital bills. It aims to uphold the dignity of the deceased and provide relief to grieving families by ensuring a clear and efficient process for the release of mortal remains without any undue delay. The Bill also seeks to establish accountability and streamline procedures within clinical establishments by making it imperative for the clinical establishments to appoint a nodal officer to process the application for release of mortal remains and ensure the handing over of the remains to the family of the deceased. The clinical establishments are also duty bound to not withhold the remains of a person solely on account of outstanding dues claimed by them. This Bill also provides for strict penalties for non compliance of its provisions. Hence, this Bill. KARTIKEYA SHARMA MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 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 13 of the Bill empowers the Central Government to make rules for carrying out in the purposes of the Bill. 2. As the orders and rules will relate to matters of details only, the delegation of legislative power is of a normal character. XV Bill No. LIII of 2024 A Bill to amend the Disaster Management Act, 2005. 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 Disaster Management (Amendment) Act, 2024. Short title and commencement. (2) It shall come into force with immediate effect. 2. In the Disaster Management Act, 2005, (hereinafter referred to as the principal Act), General. (a) for the words, “National Disaster Management Authority" wherever they occur, the words “National Disaster Management Council" shall be substituted; and (b) for the words, "National Authority" wherever they occur, the words "National Council" shall be substituted. 3. In section 2 of the principal Act, for clause (s), the following clause shall be substituted, namely, - Amendment of section 2. “(s) “State Government” means the Department of Government of the State or Union territory having Legislative Assembly, having administrative control of disaster management and includes Administrator of the Union territory appointed by the President under article 239 of the Constitution;”. 4. For section 3 of the principal Act, the following shall be substituted, namely, - Establishment of National Disaster Management Council. “3. (1) There shall be established for the purposes of this Act, an authority to be known as the National Disaster Management Council. (2) The National Disaster Management Council shall consist of the following members: (a) the Prime Minister of India, or any Minister of the Central Government nominated by the Prime Minister to represent the Central Government, who shall be the Chairperson, ex-officio; and (b) the Minister in-charge of disaster management or any other Minister nominated by each State Government, who shall be the Member, ex officio. (3) The Cabinet Secretary of the Central Government shall be the ex-officio Secretary of the National Council but shall not have a vote. (4) All decisions taken by the National Council shall be determined by a simple majority of fifty-one per cent. of votes of the members present and voting. (5) For the purpose of sub-section (4) of section 3, the value of votes which each member of the National Council is entitled to cast shall be determined in the following manner: - (a) the Prime Minister or the Minister representing the Central Government, shall have one vote equivalent to the value of fifteen per cent. of the total votes available in the National Council; and (b) every Member representing a State Government, shall have one vote and the value of such vote shall be calculated in proportion to the number of seats held by the respective State Government in the Council of States among the remaining eighty-five per cent. of votes available in the National Council. Illustration If a State or Union territory has ten per cent. of the total seats of the Council of States, then the vote of that State or Union Territory, as the case may be, in the National Council shall be worth eight and a half per cent. of the total vote of the National Council. (6) Any State Government which wishes to replace its Member shall be entitled to do so at any point of time. 5. After section 3 of the principal Act, the following new section shall be inserted, namely: - Insertion of new section 3A. “3A. (1) Any relief, rehabilitation, mitigation, restoration or fund requested by any State Government from the National Disaster Response Fund or National Disaster Mitigation Fund shall be dealt with by the National Council within thirty days from the date of request. Time period to consider relief request. (2) The National Council shall consider reports of the State Authority prior to any decision on relief to be given to the States. (3) The decision to grant any fund to a State Government, as requested by them or otherwise deemed appropriate, shall be based on objective criteria such as but not limited to – (a) the nature of disaster and the level of impact on the State or Union territory and its people; (b) the financial position of the State or Union territory to meet the impact of the disaster; (c) the need for funds to restore normalcy and resettle the people affected by the disaster; and (d) any other objective reasons as may be decided by the National Council. 6. For section 4 of the principal Act, the following shall be substituted, namely: - Substitution of section 4. Meetings of National Council. “4. (1) The National Council shall meet at least twice in a year, ordinarily at New Delhi, or at any other place chosen by the Council. (2) The Prime Minister of India or the Minister representing the Central Government shall chair all meetings of the National Council. (3) In the absence of the Prime Minister or the Minister representing the Central Government, the remaining Members shall elect any other Member as a pro-term Chairperson for that meeting alone.”. 7. In section 6 of the principal Act, in sub-section (2), after clause (e), the following shall be inserted, namely, - Amendment of section 6. “(ea) lay down directions and guidelines to be followed by the National Executive Committee in applying the National Disaster Response Fund for meeting the expenses for emergency response, relief and rehabilitation;”. 8. In section 7 of the principal Act, for sub-section (1), the following shall be substituted, namely, - Amendment of section 7. “(1) The National Council may constitute an advisory committee consisting of experts in the field of disaster management and having practical experience of disaster management at the national, State or district level, from time to time to aid in its decisions and oversee mitigation works including the transfer of funds. 9. In section 10 of the principal Act, after sub-section (2), , the following shall be inserted, namely, – Amendment of section 10. “(3) The National Executive Committee shall be bound by any direction or order issued by the National Council”. 10. In section 46 of the principal Act, for sub-section (2), the following shall be substituted, namely: - “(2) The National Disaster Response Fund shall be made available to the National Executive Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with the directions and guidelines laid down by National Council.”. STATEMENT OF OBJECTS AND REASONS The primary objective of the present amendment is to amend the Disaster Management Act, 2005, in order to substitute the National Disaster Management Authority (NDMA) which comprises only of the Prime Minister and Members appointed by the Prime Minister with a broader and more inclusive National Disaster Management Council (NDMC) with representatives of all States. The creation of the NDMA was to enable the Union to aid the States when disaster strikes. The Union has a primary role in protecting the life and property of the citizens of India. The Union as the parens patriae come to the aid of the people who are suffering due to a natural disaster. The Union's legal obligation to come to the aid of the States providing relief from natural disasters are reinforced under the provisions of the Disaster Management Act, 2005. The obligations of the Union are to be discharged by it impartially and without political bias. Therefore, it is imperative that the apex decision making body under the Disaster Management Act, 2005 comprise of State representatives as well. This would only strengthen the constitutional guarantee of co-operative federalism. All States can participate in the deliberations of the NDMC and the process of releasing funds would become transparent and objective when all stakeholders are heard. Currently, the NDMA follows a one-size-fits-all approach, whereas with the States part of the newly constituted NDMC, the unique requirements of each State would be brought to the fore and considered while making decisions. This amendment aims to ensure that there is a structured, transparent, and equitable mechanism for the allocation and utilisation of funds dedicated to disaster management, thereby ensuring that States severely affected by disasters are not left underfunded or neglected. The NDMC would prioritise funding based on the severity of disaster impact and the urgent needs of affected States. The new amendment will ensure the equitable and efficient allocation of resources, prioritizing support for the States with the greatest needs. This approach will enhance national resilience and preparedness in the face of disasters. The Bill seeks to achieve the above-mentioned objectives. P. WILSON FINANCIAL MEMORANDUM Sub-clause (8) of Clause 3 of the Bill provides that the Courts, Tribunals and Commissions may, subject to the rules, regulations, directions or guidelines as the Courts or Central Government may issue with respect to virtual court proceedings, adopt such technological advances as may become available from time to time, for improving the quality and efficiency of the virtual court proceedings. The Bill, therefore, if enacted, is likely to involve expenditure from the Consolidated Fund of India. However, at this stage, it is not possible to quantify the exact amount of recurring and non-recurring expenditure likely to be involved. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill provides that the Central Government may, make such order, as necessary for removing any difficulty to give effect to the provisions of this Bill. Clause 8 empowers the Courts to make rules, regulations, directions or orders, as may be required, for carrying out the purposes of this Bill and Clause 9 empowers the Central Government to make rules with respect to the Tribunals and Commissions to carry out the provisions of this Bill. As the orders, rules, regulations, directions etc. will relate to matters of details only, the delegation of legislative power is of a normal character. XVI Bill No. LXX of 2024 A Bill to provide for proceedings of all Courts, Tribunals and Commissions to be held virtually in order to facilitate efficient and timely judicial proceedings, mitigate delays, reduce costs and increase convenience for all parties involved and for matters connected therewith and 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 Virtual Court Proceedings Act, 2024. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in Official Gazette, appoint. 2. In this Act, unless the context otherwise requires — Definitions. (a) “Commissions” includes all Commissions established by the Acts of the Parliament; (b) “Courts” means the Supreme Court of India and High Courts of the States and includes a physical Court and a virtual Court; (c) “live link” means and includes a live television link, audio-video electronic means or other arrangements provided by the Courts or Tribunals or Commissions, to the participants for participating in the virtual court proceedings; (d) “participants” means and includes (i) “advocates” and “senior advocates” defined under clause (a), sub-section (1) of section 2 and sub-section (2) of section 16, respectively of the Advocates Act, 1961, as well as government pleaders/advocates and officers of the department of prosecution, (ii) parties-in-person to the proceedings, (iii) other parties to the proceedings, (iv) litigants, officers connected to the proceedings, (v) witnesses, and (vi) any person who is to be examined, or in whose presence certain proceedings are to be recorded or conducted or who is required to make submissions or who intends to participate in the proceedings on his or her own or on behalf of a party to the proceeding, third party with authority or permission of the Courts or Tribunals or Commissions, as the case may be; (e) “prescribed” means prescribed by rules and regulations made under this Act; (f) “Tribunals” includes all Tribunals and Appellate Tribunals established by the Acts of the Parliament; (g) “virtual court proceedings” means a proceeding where participants are not physically present in the Courts or Tribunals or Commissions, as the case may be, but attend and participate through electronic mode which may include video conferencing accessed through any electronic device, by accessing a live link provided by the Courts, Tribunals and Commissions. 3. (1) The proceedings of all Courts, Tribunals and Commissions shall be held, virtually in electronic mode, by use of electronic communication or Virtual court proceedings. use of audio-video electronic means such as video conferencing, apart from the regular physical hearings and such hearings shall be called as virtual court proceedings. (2) The proceedings mentioned in sub-section (1) shall include: — (a) all trials, inquires and proceedings including issuance of notice or summons, recording of evidence, service and execution of summons and warrant; (b) examination of parties and witnesses; (c) pronouncement of orders, judgments, awards; and (d) all appellate proceedings or any other proceedings as deemed appropriate by the Courts, Tribunals, or Commissions, as the case may be. (3) The procedure and manner of conduct of the proceedings as given under sub-section (2) including the determination or apportioning of costs involved in virtual court proceedings and the requisite facilities and arrangements to be made for smooth conduct of the virtual court proceedings in each Court, Tribunal and Commission shall be governed by the rules and regulations framed by the Courts and the Central Government in the case of the Tribunals and Commissions. (4) The Courts, Tribunals and Commissions, as the case may be, in order to enable access to virtual court proceedings, shall provide a live link to the participants via email address/mobile number furnished by the participants, or in any other manner, as may be prescribed. (5) The Courts, Tribunals and Commissions, as the case may be, shall have the power to regulate appearances of participants during virtual court proceedings including removal or debarring any participant from further participation in such proceedings on any of the following grounds: — (a) appearing from a vehicle; (b) appearing with a background not dignified for participation in virtual court proceedings; (c) engaging in any activity other than the normal course of business; (d) engaging in any act which may be considered inappropriate while participating in virtual court proceedings; (e) occurrence of a technical glitch, either on the part of the participant or on the part of the Courts, Tribunals, or Commissions, as the case may be, which disables conduct of virtual court proceedings; or (f) the participant is not authorized by the Court, Tribunal or Commission for participating in the virtual court proceedings; or (g) any other ground, as may be prescribed, through rules, regulations and guidelines by the Court, Tribunal or Commission, as the case may be. (6) There shall be no unauthorized recording of the proceedings by any of the participants or by any other person or entity. (7) The Courts, Tribunals and Commissions may from time-to-time issue directions or guidelines governing the access to and participation in virtual court proceedings including online etiquette and publish the same on their notice boards and websites. (8) Subject to sub-sections (4) and (5), the Courts, Tribunals, or Commissions, as the case may be, shall allow participants to appear in virtual court proceedings, upon a request made by a participant in such form and manner as may be prescribed. (9) Subject to maintaining independence, impartiality and credibility of judicial proceedings and subject to such rules, regulations, directions or guidelines as the Courts or Central Government may issue with respect to virtual court proceedings, the Courts, Tribunals and Commissions may adopt such technological advances as may become available from time to time, for improving the quality and efficiency of the virtual court proceedings. 4. All Courts, Tribunals and Commissions shall provide the following facilities: — Facilities to be provided. (a) e-filing of pleadings and documents as required; (b) e-verification of pleadings and documents as required; and (c) virtual certified copies of the orders and judgements as required. 5. (1) All virtual court proceedings conducted by the Courts, Tribunals, or Commissions shall be judicial proceedings and all the courtesies and Conduct of proceedings. protocols applicable to a physical Court shall apply to such proceedings. (2) All relevant statutory provisions applicable to judicial proceedings including provisions of the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, the Contempt of Courts Act, 1971, and the Information Technology Act, 2000, shall apply to virtual court proceedings. 6. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make Power to remove difficulties. such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament. 7. The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force Provisions of the Act to have an overriding effect. or any instrument having effect by virtue of any such law. 8. Notwithstanding anything contained in this Act, the Courts shall have the Power of Courts to make rules. power to make rules, regulations, directions or orders, as may be required, for carrying out the purposes of this Act. 9. (1) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, make rules with respect to the Power of Central Government to make rules. Tribunals and Commissions for carrying out the purposes of this Act. (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 The advent of COVID-19 pandemic had forced us to conduct court proceedings virtually. Virtual courts have enabled participation from remote areas irrespective of geographical or economic constraints, eliminating the need for individuals to bear significant financial burdens associated with physically attending court sessions. However, just like the COVID-19 times are behind us, the virtual courts are slowly becoming a thing of the past in some Tribunals and it is seen that even though Government had invested a huge amount of public money in the infrastructure for conducting and promoting virtual courts, this facility is not being utilized even though there is demand for the same. The concept of access to justice has been etched in our Constitution. Virtual court can enable dispensation of justice to all citizens by mitigating delays, reducing costs and increasing convenience for all parties. Access to virtual court hearings not only help in reduced litigation costs, but also make complex and time-consuming judicial procedures accessible and convenient to the lay man. It also prevents a litigant belonging to other parts of the country from bearing the cost of travel, lodging and extra fees of the lawyer since most of the Commissions, Tribunals and the Hon’ble Supreme Court are situated at Delhi. Each time a case is adjourned for want of a lawyer; it is the litigant who bears the expense. It is also pertinent to note that a common reason for adjournments at the Supreme Court of India, High Courts and appellate tribunals is that the counsels from various parts of the country cannot make it to the hearing due to various reasons. Therefore, mandatory virtual court proceedings would certainly aid in the effective delivery of justice to all sections of citizens. Furthermore, virtual courts proceedings could also make the legal process more streamlined by reducing paperwork and automating administrative tasks. Therefore, the present Bill proposes to mandate virtual court hearings and achieve the above objectives. Hence this Bill. P. WILSON. FINANCIAL MEMORANDUM Sub-clause (8) of Clause 3 of the Bill provides that the Courts, Tribunals and Commissions may, subject to the rules, regulations, directions or guidelines as the Courts or Central Government may issue with respect to virtual court proceedings, adopt such technological advances as may become available from time to time, for improving the quality and efficiency of the virtual court proceedings. The Bill, therefore, if enacted, is likely to involve expenditure from the Consolidated Fund of India. However, at this stage, it is not possible to quantify the exact amount of recurring and non-recurring expenditure likely to be involved. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill provides that the Central Government may, make such order, as necessary for removing any difficulty to give effect to the provisions of this Bill. Clause 8 empowers the Courts to make rules, regulations, directions or orders, as may be required, for carrying out the purposes of this Bill and Clause 9 empowers the Central Government to make rules with respect to the Tribunals and Commissions to carry out the provisions of this Bill. As the orders, rules, regulations, directions etc. will relate to matters of details only, the delegation of legislative power is of a normal character. XVII Bill No. LXXXV 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. In article 124 of the Constitution, after clause (2A), the following new clauses shall be inserted, namely :— Amendment of article 124. “(2B) Notwithstanding anything in this Constitution, the appointment of Judges to the Supreme Court shall be made by giving due representation to members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, religious minorities and women, in proportion to their population in the country: Provided that the provisions of this clause shall not apply to such categories which are already represented in the total strength of Judges of the Supreme Court in proportion to their population in the country. (2C) Subject to the provisions of clause (2B), the Central Government shall frame a Memorandum of Procedure for appointment of Judges of the Supreme Court in consultation with the Chief Justice of India, setting out the timelines and procedure including identifying, assessing, recommending, and appointing suitable candidates as Judges of the Supreme Court. (2D) If the Chief Justice or Judge of any High Court is being considered for appointment as a Judge of the Supreme Court, the Central Government shall consult the Government of that State before making such appointment. (2E) The Central Government shall either return or notify any recommendation of the collegium of the Supreme Court for appointment of Judges of the Supreme Court within sixty days of receipt of the recommendation. Provided that if any recommendation is returned by the Central Government and the same is re-iterated by the collegium of the Supreme Court, the Central Government shall notify the same within a period of thirty days of receipt of the reiteration. Explanation— For the purpose of this clause, ‘collegium of the Supreme Court’ shall mean a Committee comprising the five senior most Judges of the Supreme Court including the Chief Justice of India and ‘collegium of High Court’ shall mean a Committee comprising the three senior most Judges of that High Court including the Chief Justice of that High Court.” 4. In article 224, after clause (1), the following new clause shall be inserted, namely :— Amendment of Article 224. “(1A) Notwithstanding anything contained in this Constitution, the appointment of additional Judges to the High Court of a State shall be made, by giving due representation to members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, religious minorities and women, in proportion to their population within that State: Provided that the provisions of this clause shall not apply to such categories which are already represented in the total strength of Judges and additional Judges of a High Court in proportion to their population within that State.” STATEMENT OF OBJECTS AND REASONS India is a diverse nation with a rich tapestry of cultures, communities, genders, and religions. The preamble of our Constitution envisions securing social justice for all. However, the current composition of the higher judiciary does not adequately reflect this diversity. The current trend in judicial appointments shows a dismal representation of socially marginalized groups and there is significant over-representation of certain sections. There is a diversity deficit in the appointment of Judges to Supreme Court and High Courts, leading to a situation of inequality. A representative judiciary is pivotal for fostering public confidence in the judiciary's ability to make sound and responsive decisions. When the judiciary includes Judges from all sections of society, it instills greater confidence amongst the public, who feel that their lived realities and concerns are understood and addressed. This inclusivity is essential for the public to perceive the court system as impartial and accessible. Further, a diverse judiciary is imperative to enhance the quality of judicial decisions. Judges bring their personal experiences and perspectives to the bench, influencing how they interpret and apply the law. Judges from varied backgrounds will draw from a wider range of experiences, resulting in more balanced and comprehensive judgments. A diverse judiciary is also less likely to violate the rights of underrepresented classes and more likely to prevent discrimination. The lack of Judges from historically oppressed and minority communities indicates systemic barriers that must be addressed. A judiciary that fails to reflect the social composition of the nation poses a serious constitutional challenge, undermining the public's confidence in the justice system. Increasing diversity ensures that the judiciary protects the rights of all citizens and reflects the nation's pluralistic society. A constitutional mandate in this regard would ensure that the superior courts are never underrepresented. It is of utmost importance that equitable representation and fair play in the higher judiciary are secured through constitutional channels. The Collegium of the Justice(s) of the Hon’ble Supreme Court and Hon’ble High Courts is an aspect of judicial appointments which is a closed-door phenomenon. Having a transparent procedure for judicial appointments would reflect a greater faith in the Constitution and the Judiciary. An established Memorandum of Procedure by the Central Government in consultation with the Chief Justice of India for appointment of Judges of the Supreme Court and in consultation with all the State Governments, Governments of Union Territories, the Chief Justice of India and Chief Justices of all State High Courts for appointment of Judges of High Courts, would ensure that there are no deviations in conventions and would also ensure that the judicial appointments are fair and transparent. Furthermore, to enhance transparency, the Collegium should also consider the opinion of their respective State Governments while recommending names for appointment as Judges of the High Courts to the Central Government. Despite judicial pronouncements on the appointment of Judges calling for a Memorandum of Procedure, no such memorandum has been finalized till date by the Central Government. The opinions of the State Government and the Central Government have to be considered for which there is no mechanism in place at present. The Memorandum of Procedure is contemplated to have a timely action so that the appointment procedure shall not be delayed beyond a fixed time period. Another important aspect is that the recommendations of the Supreme Court collegium for appointment of Judges to High Courts and Supreme Court are kept in cold storage without taking any decision. This has brought to a grinding halt the process of appointment of Judges and the institutions suffer on account of unfilled vacancies and delay in filling up of vacancies. Further, when the Judges of the Supreme Court and High Courts have the power of judicial review to test the policies and laws made or enacted by the lawfully and democratically elected State Governments, it is sequitur that the views and opinions of the concerned State Governments be heard before making such appointments. After all, the State and the Central Governments are equal and function in the spirit of co-operative federalism. A message should not be sent out to the Judges/ Chief Justices that only the views of the Central Government matter in the appointment of Judges, thereby cultivating a bias towards the Central Government, and proportionate disaffection towards the State Governments where an opposition party is in power. Therefore, the views of the Central Government alone are not sufficient in making judicial appointments. Therefore, this Bill seeks to amend the Constitution of India to provide for social diversity in the appointment of Judges to the Supreme Court and High Courts, proportional to the population of Scheduled Castes, Scheduled Tribes, and Other Backward Classes and to bring transparency in judicial appointments in higher judiciary. Providing for reservation in judicial appointments, with an aim to promote social diversity, will definitely help in improving the quality of judicial decisions, enhancing public confidence, bringing transparency to judicial appointments and upholding the constitutional values of equality and inclusivity. The Bill seeks to achieve the above objectives. P. WILSON XVIII Bill No. LX 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, 2025. Short title and commencement. (2) It shall come into force immediately. 2. After article 21A of the Constitution, the following article shall be inserted, namely:— Insertion of new article 21B. Right to free legal aid. “21-B. The State shall ensure free legal aid to all citizens, who are in need of it, in such manner as the State may, by law, determine, and ensure that no citizen is denied the right by reason of economic, social, religious, educational or other grounds.” 3. In Part IV of the Constitution, for article 39A, the following new article shall be substituted, namely:— Substitution of article 39A. Equal justice to all citizens. “39-A. The State shall secure that the operation of the legalsystem promotes justice, on a basis of equal opportunity and ensure that opportunities for securing justice are not denied to any citizen.” STATEMENT OF OBJECTS AND REASONS The guarantee to free legal aid is a very important factor for ensuring equality and liberty of an individual. As a developing nation, it is important that all individuals in the nation get equal access to justice and no citizen is discriminated against on the basis of economic, social, religious, educational or other grounds such as physical disabilities. Article 21 of the Constitution secures the Right to Life and Personal Liberty as a Fundamental Right. Several Court Judgements have emphasized that free legal services are an inalienable element of reasonable, fair and just procedure and that the right to free legal services is implicit in Article 21. Article 39-A as a Directive Principle of State Policy under Part IV of the Constitution provides that the State shall secure equal justice and free legal aid to all citizens. This has led courts to hold that the State is constitutionally bound to provide legal aid not only at the stage of trial but also when they are first produced before the Magistrate or remanded at any time. However, it is felt that despite these constitutional provisions, we will be able to ensure and secure equal justice without denial of any opportunity to all citizens of the country irrespective of their background and standing in society, only by making the right to free legal aid, an enforceable and justiciable right. A monitored and ensured mechanism by the State can ensure the achievement of the purpose. The Bill, therefore, proposes to make the right to free legal aid as a fundamental right for every citizen of the country. The proposed legislation, hence, is required to ensure equality before law and equal justice to all which is essential for a fruitful life. The Bill seeks to achieve this objective. V. SIVADASAN FINANCIAL MEMORANDUM Clause 2 of the Bill provides for making the right to free legal aid a fundamental right. The Bill, therefore, if enacted, would involve expenditure of recurring nature from the Consolidated Fund of India. However, at this juncture, it is difficult to estimate the actual expenditure likely to be involved. No non-recurring expenditure is likely to be involved. XIX BILL NO. LXXI OF 2024 A Bill to provide for the right to free public health care to all 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 Free Public Health 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 the case of a State, the Government of that State, in the case of a Union territory having its own legislature, the Government of that Union territory, and in all other cases, the Central Government; (b) “citizen” means any person living within the territory of India with Indian citizenship according to the laws in this regard for the time being in force; (c) “free public health care” means all types of medical services including consultation, diagnosis and treatment of any medical condition as well as rehabilitative services, free of cost to all citizens in any hospital; (d) “hospital” means any recognised institution providing healthcare facilities and services and includes— (i) a hospital established, owned or controlled by the appropriate Government or a local authority; (ii) an aided hospital receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a hospital belonging to a specified category; and (iv) an unaided hospital not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority. Explanation: For the purposes of this clause, “specified category” means category of hospitals specified in the Clinical Establishments (Registration and Regulation) Act, 2010. (e) “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; (f) “ prescribed” means prescribed by rules under this Act; and (g) “senior citizen” means any citizen above the age of sixty-five years. 3. (1) Every citizen shall have the right to free public health care. Right to free public health care. (2) No citizen shall be denied free public health care on account of their lack of income or any other circumstances. 4. The appropriate Government shall, while ensuring universal access to free public health care to all citizens, take special measures to address Special provisions for senior citizens, differently abled citizens and those affected by rare genetic conditions. the special needs of and provide special facilities to the senior citizens, differently-abled citizens and those who are affected by rare genetic conditions. 5. The access to free public health care shall be designed by the appropriate Government in such a way that no citizen is left out of the ambit of its Universal access to free public health care. benefit due to income inequality, social inequity or information asymmetry. 6. (1) The Central Government shall have concurrent responsibility for providing fundsfor carrying outthe purposes ofthisAct. Central Government to provide funds. (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 Governmentshall provide fundsto the StateGovernments, as grants-in-aid of revenues, to meet 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 enable them to carry out the purposes of this Act. (4) The State Governments shall, after taking into consideration, the sums provided by the Central Government and its other resources, be responsible to provide funds for implementation of the provisions of this Act. 7. It shall be the duty of the appropriate Government or local authority, as the case maybe, to— Duties of the appropriate Government or local authority. (a) ensure access to and availability of free public health care facilities and services to every citizen and especially to every senior citizen; (b) ensure that no citizen is discriminated against and/or prevented from accessing free public health care on any grounds; (c) notify or establish, where it is not so established, well equipped hospitals, for the purpose of providing free public health care as guaranteed under this Act, within such area or limits of neighbourhood, as may be prescribed; and (d) provide necessary infrastructure for the hospitals including building, equipment and well-trained staff conforming to the standards and norms, as may be prescribed. 8. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. Act to supplement other laws. 9. (1) The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act. Power to 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 Health care is one of the most important requirements for achieving a complete and fulfilling life. A significant portion of the health expenditure in India is borne by the citizens directly from their out-of-pocket expenditure. Hence, there is an urgent need to address this situation. Proper steps need to be taken urgently to ensure that the problem is addressed adequately. Through this Bill, the Central Governmentshall take it up as its statutory social welfare responsibility to ensure right to free public healthcare to all citizens of India. The Bill seeks to achieve this objective. V. SIVADASAN FINANCIAL MEMORANDUM Clause 3 of the Bill guarantees the right of free public health care to every citizen and provides that no citizen shall be denied the right on account of their lack of income or any other circumstances. Clause 4 provides that the appropriate Government shall take special measures to address the special needs of and provide special facilities to senior citizens, differently-abled citizens and those who are affected by rare genetic conditions. Clause 6 of the Bill provides that the Central and State Governments shall have concurrent responsibility for providing funds for carrying out the purposes of the Bill and that the Central Government shall provide funds to the State Governments, to meet such percentage of expenditure, as may be determined, from time to time, in consultation with the State Governments, as grants-in-aid of revenues, to enable them to carry out the purposes of this Bill. Clause 7 of the Bill lays down the duties of the appropriate Government or the local authority, as the case may be, to ensure access to or availability of free public health care facilities and services to all citizens, particularly senior citizens and that no one is discriminated against. It also stipulates that the appropriate Government shall notify or establish, well equipped hospitals, within such area or limits of neighbourhood, as may be prescribed, where it is not already established and also provide necessary infrastructure for the hospitals including building, equipment and well- trained staff. The Bill, therefore, if enacted will involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. It is, however, not possible at this stage to estimate the exact expenditure likely to be involved. XX Bill No. LXXV of 2024 A Bill to provide for the constitution of a National Commission for Workers 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 National Commission for Workers Short title and commencement. Act, 2024. (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 and in all other cases, the Central Government; (b) “Chairperson” means Chairperson of the National Commission for Workers; (c) “Commission” means the National Commission for Workers constituted under section 3; (d) “member” means a Member of the Commission and includes the Member-Secretary; (e) “prescribed” means prescribed by rules made under this Act; and (f) “worker” refers to all types of workers including permanent and contractual workers who work in organized or unorganized sectors, agriculture, industry or service sector. CHAPTER II THE NATIONAL COMMISSION FOR WORKERS 3. (1) The Central Government shall, by notification in the Official Gazette, constitute a body, to be known as the National Constitution of the National Commission for Workers. Commission for Workers, to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The Commission 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 acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Commission shall be at New Delhi. (4) The Commission may, in consultation with the Central Government, establish office(s) at any other place in the country, as it may deem fit, for carrying out the purposes of this Act. (5) The Commission shall consist of the following persons, namely— (a) a Chairperson, committed to the cause of workers and dignity of labour, to be appointed by the Central Government, in such manner as may be prescribed; (b) five members to be nominated by the five largest and recognized trade unions in the country, in such manner as may be prescribed; (c) five members, one each to be nominated by the State Governments, in such manner and for such term as may be prescribed, on rotational basis from amongst all States, to ensure that all States get due representation: Provided that the five States which get to nominate members for a given term shall be determined by draw of lot and the States who have been selected through previous draw(s) of lot will not be included in the next draw of lot; and (d) one Member-Secretary, to be appointed by the Central Government, in such manner as may be prescribed, who shall be— (i) an expert in the field of trade unionism, employment and labour rights; or (ii) an officer, who is a member of the All-India Services or the Central Civil Services or holds an equivalent civil post under the Central Government, with such experience, as may be prescribed. 4. (1) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Terms of office and conditions of service of the Chairperson and Members. Members of the Commission shall be such as may be prescribed. (2) The Chairperson and members shall hold office for a term, not exceeding three years from the date on which they assume office. 5. (1) Notwithstanding anything contained in sub-section (2) of section 4, the Chairperson or a member other than the Member-Secretary, Resignation and removal. appointed under sub-clause (ii) of clause (d) of sub-section (5) of section 3, may, by writing given under his hand to the Central Government, resign from his office at any time. (2) The Central Government may, by order, remove from office, the Chairperson or any member other than the Member-Secretary, appointed under sub-clause (ii) of clause (d) of sub-section (5) of section 3, if the Chairperson, or as the case may be, such other member — (a) has been adjudged an insolvent; or (b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) becomes of unsound mind and stands so declared by a competent court; or (d) refuses to act or has become physically or mentally incapable of acting in his official capacity; or (e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or (f) has, in the opinion of the Central Government, so abused his office as to render his continuance in office detrimental to the interest of office or the public interest: Provided that no person shall be removed from office under this clause, unless that person has been given a reasonable opportunity of being heard in the matter. (3) A vacancy caused under sub-sections (1) and (2) or otherwise shall be filled by fresh appointment or nomination, as the case may be: Provided that the Chairperson or any other member appointed or nominated against any casual vacancy in the Commission shall hold office only for the remainder of the term of the Chairperson or member in whose place he has been appointed or nominated. 6. No act or proceeding of the Commission shall be questioned or shall be invalidated merely by reason of: Vacancies, etc., not to invalidate the proceedings of the Commission. (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person as Chairperson or member of the Commission; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case. 7. (1) The Central Government shall appoint such number of officers and staff to the Commission, as may be necessary for the Officers and staff of the Commission efficient discharge of its functions under this Act, in such manner as may be prescribed. (2) The method of recruitment, salaries and allowances payable to, and other terms and conditions of service of, the officers and staff, so appointed for the purpose of the Commission shall be such as may be prescribed. 8. All members, officers and staff of the Commission shall be deemed, when acting or purporting to act in pursuance of any of the provisions Members, officers and staff of the Commission to be public servants. of this Act, to be public servants within the meaning of sub-section (2) of section 28 of the Bharatiya Nyaya Sanhita, 2023. 9. The salaries and allowances payable to the Chairperson and members of the Commission and the administrative expenses, Salaries, allowances and pensions to be paid out of grants. including salaries, allowances and pensions payable to the officers and staff referred to in section 7, shall be paid out of the grants referred to in sub-section (1) of section 16. 10. (1) The Commission may appoint such Committees as may be necessary for dealing with such special issues as may be taken up by Committees of the Commission the Commission from time to time. (2) The Commission shall have the power to co-opt as members of any Committee appointed under sub-section (1) such number of persons, who are not members of the Commission, as it may think fit, and the persons so co-opted shall have the right to attend the meetings of the Committee and take part in its proceedings, but shall not have the right to vote. (3) The persons so co-opted shall be entitled to receive such allowances for attending the meetings of the Committee, as may be prescribed. 11. (1) The Commission or a Committee thereof shall meet, as and when necessary, and shall meet at such time and place, as the Chairperson Meetings and Procedure of the Commission. may think fit. (2) The Chairperson shall preside over the meetings of theCommittee, and without prejudice to any provision of this Act, exercise and discharge such other powers and functions of the Commission, respectively, as may be prescribed. (3) In the absence of the Chairperson from a meeting, the Commission may elect any member who is present to preside over such meeting. (4) The Commission shall regulate its own procedure and the procedure of the Committees thereof. (5) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf. CHAPTER III FUNCTIONS OF THE COMMISSION 12. The Commission shall perform all or any of the following functions, namely:— Functions of the Commission. (a) actively work towards ensuring dignity, justice and living wages to the workers; (b) investigate and examine all matters relating to the safeguards provided for workers under the Constitution and other laws related to workers’ welfare for the time being in force; (c) prepare and present to the Central Government, annually in such form and manner and also at such other times as the Commission may deem fit, reports on the working of the safeguards referred to in clause (b) and containing therein recommendations to the Centre and the States, as the case may be, for the effective implementation of those safeguards for improving the conditions of workers; (d) review, from time to time, the existing provisions of the Constitution and other laws affecting workers and recommend amendments thereto pertaining to remedial legislative measures to meet any lacunae, inadequacies or shortcomings in the Constitution and such legislations; (e) take up any cases of violation of the provisions of the Constitution and of other laws relating to workers, either suo moto or brought to its notice, with the appropriate authorities for necessary action; (f) look into complaints received and take suo moto notice of matters relating to— (i) deprivation of workers’ rights; (ii) non-implementation of laws enacted to provide protection to workers and also to achieve the objective of equality and development; and (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to workers, and take up the issues arising out of such matters with the appropriate authorities for necessary action; (g) evaluate the progress of the development of workers under the Centre and the States; (h) fund litigation involving issues affecting a large body of workers; (i) prepare and present periodical reports to the Central Government on any matter pertaining to workers and in particular various difficulties under which workers toil; and (j) any other matter related to workers, which may be referred to it by the Central Government. 13. The Commission shall, while investigating any matter referred to in clause (b) or clause (f) of section 12, have all the powers of a civil Commission to have powers of a Civil Court. court trying a suit and, in particular, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. 14. The appropriate Government shall consult the Commission on all major policy matters affecting workers. Appropriate Government to consult the Commission. 15. (1) The Central Government shall cause all the reports referred to in clause (c) of section 12, to be laid before each House of Parliament Central Government to lay Reports. along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Centre and the reasons for the non-acceptance, if any, of any such recommendation(s). (2) Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part thereof to such State Government, who shall cause it to be laid before each House of the State Legislature , where it consists of two Houses, or where such Legislature consists of one House, before that House, 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 such recommendation(s). CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 16. (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission Grants by the Central Government. by way of grants such sums of money as it may consider necessary for carrying out the purposes of this Act. (2) The Commission may spend such sums, as it thinks fit, for performing the functions assigned to it under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). 17. (1) The Commission shall, in consultation with the Comptroller and Auditor-General of India, maintain proper accounts and other relevant Accounts and audit. records and prepare an annual statement of accounts in such form and manner and at such time of each financial year, as may be prescribed. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission. 18. The Commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a Annual report. full account of its activities during the previous financial year and forward a copy thereof to the Central Government. 19. The Central Government shall cause the annual report together with the audit report, to be laid, as soon as may be after the reports are Annual report and audit report to be laid before Parliament. received, before each House of Parliament. CHAPTER V MISCELLANEOUS 20. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Power to remove difficulties. Gazette, make such provisions not consistent with the provisions of this Act as may appear to be necessary for removing the difficulty. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 21. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in Act not in derogation of any other law. case of any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency. 22. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. Power to make rules and regulations. (2) The Commission may, with the approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of implementing the provisions of this Act. (3) Every rule and regulation made 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation. STATEMENT OF OBJECTS AND REASONS India has one of the largest workforce in the world and the progress of the country depends on their welfare and wellbeing. There are several instances in which the workers of the country are subjected to inhuman exploitation. The recent incident of the sad demise of a young chartered accountant of a leading accounting firm due to over work, drudgery and work-related stress has revealed that even white-collar jobs are not free from exploitation. The workers in the public sector too are facing increasing mental stress. The agricultural and unorganized workers are also suffering. There is a need to ensure dignity and justice to the workers. The workers, who are the real creators of wealth, should be able to live a life of dignity and justice. The worker should emerge as a visible category in the social and political discourse so that their issues are addressed in the political process. A National Commission is required for the cause of the workers and to ensure to them dignity, justice and wages commensurate to their labour and also for looking into the complaints and violation of labour rights. The Commission will also help to give more attention to the workers’ right in the public sphere and policy making. The Bill seeks to achieve the above objectives. V. SIVADASAN FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of the National Commission for Workers and for the appointment of the Chairperson and other members thereof. Clause 4 inter alia provides for the salaries and other allowances payable to, and other conditions of service of, the Chairperson and other members of the Commission. Clause 7 provides for the appointment of officers and staff of the Commission and the salaries and allowances payable to them and Clause 9 stipulates that the salaries and allowances of the Chairperson, members, officers and staff of the Commission, the pensions of officers and staff of the Commission and its administrative expenses shall be met from the grants provided by the Central Government. Clause 10 (3) of the Bill provides that the persons co-opted as members of any Committee appointed by the Commission shall be entitled to receive such allowances for attending the meetings of the Committee, as may be prescribed. Sub-clause (h) of clause 12 lays down fund litigation involving issues affecting a large body of workers as one of the functions of the Commission. Clause 16 provides that the Central Government shall make grants of such sums of money to the Commission, as it may consider necessary, to enable it to carry out the purposes of the Bill. The Bill, therefore, if enacted will involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. However, it is difficult to estimate the exact expenditure likely to be involved at this juncture. XXI Bill No. LV of 2024 A Bill to amend the Protection of Women from Domestic Violence Act, 2005. 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 Protection of Women from Domestic Violence Short title and commencement. (Amendment) Act, 2024. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the principal Act), in section 2, ⸺ Amendment of section 2. (i) for clause (q), the following shall be substituted, ⸺ “(q) “respondent” means any adult person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against the relatives including female relatives of the husband or the male partner;”; (ii) after clause (t), the following shall be inserted, namely,:⸺ “(ta) “vocational training facility” means such bodies that are recognized by the National Council for Vocational Education and Training to award certification for a qualification or a skill”. 3. In the principal Act, after section 7, the following new section shall be inserted, namely: ⸺ Insertion of new section 7A. Duties of Vocational Training Facilities. “7A. If an aggrieved person or, on her behalf a Protection Officer or a service provider, requests the person in charge of a recognized vocational training facility to provide any suitable skill training to her, such person in charge of the vocational training facility shall provide such skill training to the aggrieved person in the vocational training facility. 4. In the principal Act, in section 9, in sub-section (1),: ⸺ Amendment of section 9. (i) after clause (d), the following new clause shall be inserted, namely,:- “(da) to ensure that the aggrieved person is provided information about and access to all such schemes of the Central Government and State Governments which benefit victims of domestic violence; (ii) for clause (e), the following shall be substituted, namely,: ⸺ “(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes, medical facilities, and vocational training facilities in a local area within the jurisdiction of the Magistrate;” and (iii) after clause (h), the following new clause shall be inserted, namely,: ⸺ “(ha) to get the aggrieved person registered in a vocational training facility, if the aggrieved person is financially dependent and so requires and forward report of having registered the aggrieved person in a vocational training facility to the police station and the Magistrate having jurisdiction in the area where the vocational training facility is situated;”. 5. In the principal Act, in section 10, in sub-section (2), after clause (c), the following new clause shall be inserted namely: ⸺ Amendment of section 10. “(d) ensure that the aggrieved person is provided skill training in a vocational training institute if she so requires and forward a report of having registered the aggrieved person in a vocational training facility to the police station within the local limits of which domestic violence took place.”. 6. In the principal Act, in section 11: ⸺ Amendment of section 11. (i) for clause (c), the following shall be substituted, namely: ⸺ “(c) effective co-ordination between the services provided by the concerned Ministries and Departments dealing with law, home affairs including law and order, health, skill development and entrepreneurship, to address the issues of domestic violence and comprehensive rehabilitation of the victims, is established and periodical review of the same is conducted;” and (ii) after clause (d), the following new clause shall be inserted, namely: ⸺ “(e) all citizens are sensitized on the provisions of this Act and that age- appropriate content on gender diversity and equality is integrated into school curriculums.”. STATEMENT OF OBJECTS AND REASONS Domestic violence transcends demographic boundaries and continues to violate basic human rights. Rooted in centuries of patriarchy, it reflects deep- seated societal norms where male dominance and female subjugation are normalized. Women, often socialized to accept and rationalize such violence, face systemic oppression reinforced by traditional beliefs and the concept of male ownership over women's bodies, labor, and reproductive rights further entrenches this dominance. In India, the interplay of patriarchy, cultural norms, and negative masculine constructs perpetuates domestic violence. Despite comprehensive legislation against this crime, it has been increasing annually. According to the National Commission for Women data, in 2019, there were 2,960 recorded complaints of domestic violence. This number alarmingly rose by approximately 79.2 per cent. in 2020 during the lockdown. In 2021, the complaints increased by another 25.1 per cent. By 2022, the number marked a 5.1 per cent. increase from the previous year. Although there is a decline of 9.5 per cent. cases reported by NCW in 2023, the number is concerningly high. The Protection of Women from Domestic Violence Act was passed in 2005 to offer effective protection of women's constitutional rights against familial violence. However, the legislation has often fallen short in purpose due to various loopholes. A significant shortcoming is its lack of emphasis on prevention as the Act does not sufficiently tackle its root cause deep-seated patriarchy. As a corrective measure to the Act, this Bill aims to strike at the root cause by prescribing the inclusion of gender sensitization in school curricula within the duties of the Government. Another glaring factor overlooked by the 2005 Act, which this Bill seeks to address, is the lack of punishment for abusive female family members. In many cultural contexts, mothers-in-law, sisters-in-law, and other female relatives may participate in or perpetrate abuse. However, the current domestic violence law holds only adult male persons responsible, designating them as respondents. This is a significant flaw and violates the principles of Article 14 of the Constitution. In consonance with the landmark judgment of Hiral P. Harsora vs. Kusum Narottamdas Harsora (2016) 10 SCC 165, this Bill will strike down the phrase “any adult male person” to extend the purview of the 2005 Act to female relatives of the male partner. This will entitle aggrieved persons to the freedom to bring cases against female family members who have committed any form of violence. Nevertheless, as important as women’s protection against domestic violence, their comprehensive rehabilitation is critical as well. In the absence of financial safety nets, women find it difficult to escape abusive relationships. The fear of destitution and the absence of safety cushions can lead to even underreporting of domestic violence cases. Although lack of financial independence is a factor for women from all strata to break free from the cycle of abuse, those from low-income backgrounds need special attention as they particularly lack social protection, educational qualifications, or access to decent work. Therefore, there is an urgent need for skill development to empower aggrieved women and break the cycle of dependency and silence. While there are many schemes aimed at empowering women to be financially independent, such as Pradhan Mantri Kaushal Vikas Yojana (PMKVY), Support to Training and Employment Programme for Women (STEP), and Sakhi - One-Stop Centre scheme, including a provision in the existing 2005 Act to connect these victims of domestic violence with such initiatives would strengthen the implementation of these schemes and provide a more robust support system for affected women. Hence, the Bill. SANDOSH KUMAR P. XXII Bill No. LXV of 2024 THE DIGITAL PERSONAL DATA PROTECTION (AMENDMENT) BILL, 2024 A BILL A Bill to amend the Digital Personal Data Protection Act, 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 Digital Personal Data Protection (Amendment) Short title and commencement. Act, 2024. (2) It shall come into force at once. 2. In the Digital Personal Data Protection Act, 2023 (hereinafter referred to as the principal Act), in section 2– Amendment of section 2. (i) for clause (i), the following shall be substituted, namely:- ‗(i) ―Data Fiduciary‖ means any person including a State, a company, a non-governmental organisation, juristic entity or any individual, who alone or in conjunction with other persons determines the purpose and means of collection, storage, disclosure, sharing or processing of personal data;‘; (ii) for clause (k), the following shall be substituted, namely:- ‗(k) ―Data Processor‖ means any person including a State, a company, a non-governmental organisation, juristic entity or any individual, who processes personal data on behalf of a Data Fiduciary;‘; (iii) after clause (x), the following new clause shall be inserted, namely:- ‗(xa) ―sensitive personal data‖ means such personal data, which may reveal, be related to, or constitute financial data, health data, official identifier, sex life, sexual orientation, biometric data, genetic data, transgender status, intersex status, caste or tribe, religious or political belief or affiliation, or any other data which may be categorised as such, from time to time, by the Central Government. Explanation— For the purposes of this clause, the expressions,- (a) ―financial data‖ means personal data used to identify an account opened by, or card or payment instrument issued by a financial institution to a data principal or regarding the relationship between a financial institution and a data principal including financial status and credit history; (b) ―health data‖ means personal data related to the past, present or future physical or mental health state of the data principal, data collected in the course of registration for or provision of health services and any data associated with the data principal for the provision of specified health services; (c) ―official identifier‖ means any number, code or other identifier, assigned to a data principal under a law made by Parliament or any State Legislature which may be used for the purpose of verifying the identity of such data principal; (d) ―biometric data‖ means facial images, fingerprints, iris scans or any other similar personal data resulting from measurements or technical processing operations carried out on physical, physiological or behavioural characteristics of a data principal, which allow or confirm the unique identification of that