The President addressed the Parliament after the 2009 Lok Sabha Elections on 4th June 2009.  She also addressed Parliament on 22nd February 2010, as well as on 21st February 2011.  The tables below highlight some items from the agenda of the central government as outlined in these speeches, as well as the initiatives undertaken with respect to these agenda items. Table 1: Some Items from the President’s Address to Parliament on 4th June 2009

Agenda Items outlined in the President’s Speech Current Status
Establishment of National Counter-Terrorism Centre Proposed launch of NCTC in March 2011 on hold
Enactment of legislation for prevention of communal violence Communal Violence Bill 2005 pending in Parliament. New bill drafted by NAC but not introduced in Parliament
Unique Identity Card scheme to be implemented in three years Unique Identification Authority of India created under Planning Commission on 28 January 2009.  Bill to give statutory status pending in Parliament
Establishment of a regulator for the pension sector Bill introduced in Lok Sabha on 24 March 2011
Convergence of NREGA with other programs; expansion of works permitted; independent monitoring and grievance redressal  
Rashtriya Swasthya Bima Yojana to cover all families below the poverty line in five years  
Enactment of Right to Free and Compulsory Education Bill Bill passed in 2009 and brought into force on 1 April 2009
Madhyamik Shiksha Abhiyan to universalize access to secondary education Rashtriya Madhyamik Shiksha Abhiyan launched in March 2009
National Mission for Female Literacy to make every woman literate in five years National Literacy Mission recast in 2009 to focus on female literacy
Construction of 1.2 crore rural houses under Indira Awas Yojana in five years  
Introduction of Rajiv Awas Yojana for slum dwellers and urban poor Phase I approved by Cabinet on 2 June 2011
Enactment of National Food Security Act Introduced in Lok Sabha on 22 December 2011
Enactment of Amendment Bill to Land Acquisition Act and Rehabilitation and Resettlement Bill Land Acquisition, Rehabilitation and Resettlement Bill 2011 introduced in Lok Sabha on 7 September 2011
Enactment of Women’s Reservation Bill Passed by Rajya Sabha, pending in Lok Sabha
Constitutional Amendment for 50 percent reservation for women in panchayats and urban local bodies Two Bills introduced in Lok Sabha in November 2009; both pending in Parliament
Amendment of RTI to provide for disclosure by government in all non-strategic areas  
Model Public Services Law to be drawn up in consultation with states Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievance Bill,     2011 introduced in Lok Sabha on 20 December 2011
Introduction of Goods and Services Tax Constitutional Amendment Bill introduced in Lok Sabha on 22 March 2011
National Council for Human Resources in Health Introduced in Rajya Sabha on 22 December 2011
National Council for Higher Education Bill introduced in Rajya Sabha on 28 December 2011

*Note: Blank cells indicate that PRS has not been able to find official information in the public domain. Table 2: Some Items from the President’s speech to Parliament on 22nd February 2010

Agenda Items outlined in the President’s Speech Current Status
Introduction of legislation to ensure food security Introduced in Lok Sabha on 22 December 2011
Rural teledensity of 40 percent by 2014 Rural teledensity of 33% as of February 2011
Introduction of Rajiv Awas Yojana for urban poor and slum dwellers Phase I approved by Cabinet on 2 June 2011
Disposal of remaining claims under the Scheduled Tribes  and Other Traditional Forest Dwellers Act  
Introduction of amendment to the Wakf Act Passed by Lok Sabha; pending in Rajya Sabha
Enactment of Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 Pending in Rajya Sabha since 2005
Enactment of Women’s Reservation Bill Passed by Rajya Sabha; pending in Lok Sabha
Constitutional amendments for 50 percent reservation for women in panchayats and urban local bodies Two Bills introduced in Lok Sabha in November 2009; both pending in Parliament
Establishment of National Council for Higher Education and Research Higher Education and Research Bill, 2011 introduced in Rajya Sabha on 28 December 2011
Legislation for facilitating participation of foreign academic institutions in the education sector Foreign Educational Institutions Bill, 2010 introduced in Lok Sabha on 3 May 2010
Voting rights for Indian citizens living abroad Bill passed.  NRIs can vote at the place of residence that is mentioned in their passport

Table 3: Some Items from the President’s speech to Parliament on 21st February 2011

Agenda Items outlined in the President’s Speech Current Status
Enactment of Food Security Law Introduced in Lok Sabha on 22 December 2011
Whistleblower Bill Bill passed by Lok Sabha; pending in Rajya Sabha
Enactment of Judicial Standards and Accountability Bill Introduced in Lok Sabha on 1 December 2010
Enactment of new Mines and Minerals Bill Introduced in Lok Sabha on 12 December 2011
Rural teledensity of 40 percent by 2014 Rural teledensity of 33% as of February 2011
Construction of 1.2 crore rural houses during 2009-14  
Enactment of Women’s Reservation Bill Passed by Rajya Sabha; pending in Lok Sabha
Introduction of Bill regarding protection of children from sexual offences Introduced in Rajya Sabha on 23 March 2011
Introduction of Biotechnology Regulatory Authority of India Bill Not introduced till date

In recent news reports there have been deliberations on whether there is a possibility of appealing a central government decision on forest clearances.  In this context, the National Green Tribunal (NGT) has directed states to comply with the statutory requirement of passing an order notifying diversion of forest land for non-forest purposes.  It has also held that it can hear appeals from the orders of state governments and other authorities on forest clearances. The NGT was established in 2010 to deal with cases relating to environmental protection, and conservation of forests and other natural resources.  The need was felt to have a mechanism to hear appeals filed by aggrieved citizens against government orders on forest clearances.  For instance, the NGT can hear appeals against an order of the appellate authority, state government or pollution control board under the Water (Prevention and Control of Pollution) Act, 1974. How is a forest clearance obtained? Obtaining a forest clearance is a key step in the process of setting up a project.  Recently the Chhatrasal coal mine allotted to Reliance Power's 4,000 MW Sasan thermal power project in Madhya Pradesh has received forest clearance.  The Ministry of Environment and Forests (MoEF) first gives ‘in-principle’ approval to divert forest land for non-forest purposes based on the recommendations of the Forest Advisory Committee.  This approval is subject to the project developer complying with certain conditions.  Once these conditions are complied with, the central government issues the final clearance.  It is only after this clearance that the state government passes an order notifying the diversion of forest land.  The NGT’s decision deals with this point in the process during which an appeal can be filed against the order of forest clearance.  For the flowchart put out by the MoEF on the procedure for obtaining a forest clearance, see here. What was the NGT’s ruling on forest clearances? The NGT was hearing an appeal against a forest clearance given by the MoEF to divert 61 hectares of forest land for a hydroelectric project by GMR in Uttarakhand.  The NGT has ruled  that it does not have the jurisdiction to hear appeals against forest clearances given to projects by the MoEF.  However, the NGT has the power to hear appeals on an order or decision made by a state government or other authorities under the Forest (Conservation) Act, 1980.  The judgment observed that though Section 2 of the Forest (Conservation) Act, 1980 requires that state governments pass separate orders notifying the diversion of land, this requirement is not being followed.  The NGT has directed that state governments pass a reasoned order notifying the diversion of the forest land for non-forest purposes, immediately after the central government has given its clearance.  This will allow aggrieved citizens to challenge the forest clearance of a project after the state government has passed an order.  Additionally, the NGT has also directed the MoEF to issue a notification streamlining the procedure to be adopted by state governments and other authorities for passing orders granting forest clearance under section 2 of the Forest (Conservation) Act, 1980. There are some concerns that an appeal to the NGT can only be made after the state government has passed an order notifying the diversion of forest land and significant resources have been invested in the project. What is the status of applications for forest clearances made to the MoEF? The MoEF has given approval to 1126 proposals that involve the diversion of 15,639 hectares of forest land from July 13, 2011 to July 12, 2012.  The category of projects accorded the most number of approvals was road projects (308) followed by transmission lines (137).  Some of the other categories of projects that received clearance for a significant number of projects were mining, hydel and irrigation projects.  However, most land was diverted for mining related projects i.e., 40% of the total forest land diverted in this period.  Figure 1 shows a break up of the extent of forest land diverted for various categories of projects.  The number of forest clearances pending for decision by the MoEF for applications made in the years 2012, 2011 and 2010 are 197, 129 and 48 respectively. [i]

Source: “Environmental Clearance accorded from 13.07.2011 to 12.07.2012”, October 12, 2012, MoEF.

 

  [1] MoEF,  Rajya Sabha, Unstarred Question no. 2520, September 4, 2012