Summary of the President's Address to Parliament, 2012

Karan - March 12, 2012

The President addressed the Parliament on 12 March 2012. Below are some items from the agenda of the central government as outlined in the speech. Legislation

A Bill to eliminate manual scavenging and insanitary latrines shall be introduced in Parliament.
New legislation is being considered for persons with disabilities, in order to replace the existing Act.
A Bill to provide for a uniform regulatory environment to protect consumer interests, enable speedy adjudication and ensure growth of the real estate sector shall be introduced.
A Bill to create a Civil Aviation Authority to ensure safe and affordable air services will be introduced this year.
The government is working on legislation for safeguarding and promoting the livelihoods of street vendors.
Amendments shall be made to the Child Labour (Prohibition and Regulation) Act to prohibit employment of children less than 14 years of age.
Government will aim for early enactment of the Land Acquisition, Rehabilitation and Resettlement Bill.

Workforce Development

1500 new Industrial Training Institutes and 5000 Skill Development Centres shall be set up. Skill training will be provided to 85 lakh people during 2012-13 and to 800 lakh people during the 12^th Plan.
A National Mission for Teachers shall be established to improve teacher education and faculty development .
The National Urban Livelihoods Mission shall be launched for large-scale skill upgradation, entrepreneurship development and providing wage employment and self-employment opportunities.
The expenditure on Research & Development shall be increased from 1 percent to 2 percent of GDP.
A Higher Education Credit Guarantee Authority shall be set up in order to provide limited credit guarantees through risk pooling for educational loans.

Health

The government will increase national Plan and Non-Plan public expenditure on health to 2.5 percent of GDP by the end of the 12^th Plan.
The National Rural Health Mission will be converted to a National Health Mission during the 12^th Plan, which will also cover urban areas. Around 7 crore families will be provided health insurance cover under the Rashtriya Swasthya Bima Yojana by the end of the 12^th Plan.
A Multi-sectoral Nutrition Programme will be launched in 200 districts for maternal and child nutrition needs.
A Department for Disability Affairs and the National Council for Senior Citizens shall be set up.

Economy

Steps will be taken to reduce the gap of 10 million hectares between irrigation potential created and realized.
A scheme for Minimum Support Price for minor forest produce is being considered.
A roadmap to double merchandise exports to US$ 500 billion by 2013-14 has been prepared.
Public sector banks shall be recapitalized to maintain their financial health.
A scheme for promotion of the capital goods industry will be launched during the 12^th Plan.
Rs 17,500 crore shall be provided to the Delhi Mumbai Industrial Corridor for infrastructure projects.
The National Electricity Fund shall be set up to provide interest subsidy on loans disbursed to State Power Utilities.
Installed capacity of nuclear plants shall be increased to 10,080 MW from 4,780 MW by the end of the 12^th Plan.

Parliament

Can the Supreme Court ask the government to frame a law?

Anirudh - December 23, 2010

In a recent case, the Supreme Court directed the appropriate government to enact a law by June 2011. The case, Gainda Ram & Ors. V. MCD and Ors.[1], concerned the legal framework for regulating hawking in Delhi. The judgement lays out the background to this case by stating that the regulation of hawking in Delhi had been proceeding under directions issued by the Supreme Court in previous cases, and was being implemented by municipal authorities such as the New Delhi Municipal Corporation (NDMC). The NDMC and the MCD have also framed schemes to regulate hawkers as per a policy of the government framed in 2004. However, since these schemes were not laid before Parliament, the Court held that these schemes cannot be called ‘law’ or drafted under the authority of any law. The Court also stated that there is an urgent need to enact a legislation to regulate hawking, and the rights of street vendors. It referred to a Bill which had been framed by the government, and stated that since the government has already taken the first step in the legislative process by drafting a Bill, the legislative process should be completed. On the basis of this, and other reasons, it directed the government to enact a law by June 2011. This judgement raises three issues:

The government is not the law making body in India. Enacting a law is the function of Parliament and state legislatures.
Even if the Court were to address the correct authority, Courts in India have no authority to direct the legislature to frame a law, let alone specify a time-period. This may be said to violate the basic principle of “separation of powers” which states that the executive, legislature and judiciary should function independently of each other. Under the Indian Constitution, the Supreme Court and the High Courts have the power to protect fundamental rights and to interpret law. The Constitution does not give power to Courts to direct the framing of a law.
Persons can be held in contempt of court for not following its directions. In this case, it is not clear who would be held in contempt for not enacting a law by June 2011. The Supreme Court can either hold the Speaker of the Parliament in contempt for not enacting a law by the specified date (it is uncertain whether the Court has this power since no such past instance has arisen). Or it can hold the concerned government official in contempt for not enacting the law within the time period specified (the government in this case, having no power to enact a law).

[1] Decided on October 8, 2010

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Summary of the President's Address to Parliament, 2012

Can the Supreme Court ask the government to frame a law?

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