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Displaying 1 - 107 of 107

How long can the central government take to frame Rules?

Saket Surya - Oct 21, 2022
On October 18, it was reported in the news that the central government has been given more time for framing rules under the Citizenship (Amendment) Act, 2019.  The President had given assent to this Act in December 2019 and the Act came into force in January 2020.  ...
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Challenges emanating from the AERA (Amendment) Bill, 2021

Aditya Kumar - August 6, 2021
The Airports Economic Regulatory Authority of India (Amendment) Bill, 2021 was passed by Parliament on August 4, 2021.  It amends the Airports Economic Regulatory Authority of India Act, 2008.  This Bill was introduced in Lok Sabha during the budget session this year in March 202...
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Examining the Model Tenancy Act, 2021 and regulation of rental property in India

Shruti Gupta - June 10, 2021
The Union Cabinet approved the Model Tenancy Act, 2021 on June 2, 2021, for adoption by state and union territory governments.  The Model Act has three primary objectives.   First, it aims to regulate renting of residential and commercial premises by establishing condi...
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Anti-Conversion Legislation: Comparison of the UP Ordinances with other state laws

Anoop Ramakrishnan - December 17, 2020
This blog has been updated on Jan 19, 2021 to also cover the Madhya Pradesh Ordinance which was promulgated earlier in the month. The comparison table has also been revised accordingly. On November 27, 2020, the Uttar Pradesh (UP) Prohibition of Unlawful Conversion of Religion Ordinance...
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Definition of MSMEs

Anurag Vaishnav , Saket Surya - June 8, 2020
On June 1, 2020, the Cabinet Committee on Economic Affairs approved a revision in the definition of Micro, Small and Medium Enterprises (MSMEs).[1]  In this blog, we discuss the change in the definition as approved by the Cabinet, and examine some of the common criteria used for classification ...
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Maharashtra Government’s Response to COVID-19 (till April 20, 2020)

Akhil N.R. - April 21, 2020
With 4,203 confirmed cases of COVID-19, Maharashtra has the highest number of cases in the country as of April 20, 2020.  Of these, 507 have been cured, and 223 have died.  In this blog, we summarise some of the key decisions taken by the Government of Maharashtra for containing the spread...
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Does changing MP salaries and MPLAD entitlements raise resources to fight COVID-19?

Mandira Kala , Roshni Sinha - April 10, 2020
This week, the centre issued two Ordinances to amend: (i) the Salary, Allowances, and Pension of Members of Parliament Act, 1954 to reduce the salaries of MPs by 30% for a period of one year, and (ii) the Salaries and Allowances of Ministers Act, 1952, to reduce the sumptuary allowance of Ministers ...
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The Personal Data Protection Bill, 2019: How it differs from the draft Bill

Anurag Vaishnav - December 27, 2019
The Personal Data Protection Bill, 2019 was recently introduced in Parliament.  The Bill has been referred to a Joint Parliamentary Committee for detailed examination, and the Committee is expected to submit its report by the last week of Budget Session, 2020.  The Bill see...
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The Personal Data Protection Bill, 2019: All you need to know

Anurag Vaishnav - December 23, 2019
Recently, the  Personal Data Protection Bill, 2019 was introduced in Parliament.  The Bill has been referred to a Joint Parliamentary Committee for detailed examination, and the report is expected by the Budget Session, 2020.  The Bill seeks to provide for protect...
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Explainer: The Citizenship (Amendment) Bill, 2019

Roshni Sinha - December 9, 2019
The Minister of Home Affairs introduced the Citizenship (Amendment) Bill, 2019 today in Lok Sabha.   It is scheduled to be taken up for discussion and passing by the House later today.  The Bill amends the Citizenship Act, 1955, and seeks to make foreign illegal migrants of certain r...
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Understanding recent amendments to the Arms Act, 1959

Rohin Garg - December 5, 2019
The  Arms (Amendment) Bill, 2019 was introduced in Lok Sabha recently and is scheduled to be passed in this Winter Session.  The Bill amends the Arms Act, 1959 which deals with the regulation of arms in India.  The Act defines arms to include firearms, swords, and anti-airc...
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The Importance of Parliamentary Committees

Sanat Kanwar - September 19, 2019
Last week, the Departmentally Related Standing Committees were reconstituted for the first year of the 17th Lok Sabha.  In this context, we discuss the functioning and role of Standing Committees. The visible part of Parliament’s work takes place on the floor of the House. ...
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Understanding the National Medical Commission Bill, 2019

Gayatri Mann - July 29, 2019
Today, the National Medical Commission Bill, 2019 was passed by Lok Sabha.  It seeks to regulate medical education and practice in India.  In 2017, a similar Bill had been introduced in Lok Sabha.  It was examined by the Standing Committee on Health and Family Welfare, which...
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Understanding the AERA (Amendment) Bill, 2019

Prachee Mishra - July 19, 2019
Earlier this week, Rajya Sabha passed the Airports Economic Regulatory Authority of India (Amendment) Bill, 2019, and the Bill is now pending in Lok Sabha.  The Bill amends the Airports Economic Regulatory Authority of India Act, 2008.  The Act established the Airports Economic Regulatory ...
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Explainer: The Right to Information (Amendment) Bill, 2019

Roshni Sinha - July 19, 2019
The Right to Information (Amendment) Bill, 2019 that amends the Right to Information Act, 2005 was introduced in Lok Sabha today. What does the RTI Act do?   Under the RTI Act, 2005, Public Authorities are required to make disclosures on various aspects of their structure and fu...
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Examining the anti-trafficking Bill, 2018

Roshni Sinha - February 13, 2019
The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 is listed for passage in Rajya Sabha today.  Earlier this year, the Bill was introduced and passed in Lok Sabha.  It provides for the prevention, rescue, and rehabilitation of trafficked persons.  If the...
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Indian Railways: Analysing the Budget

Prachee Mishra - March 12, 2018
Finances of the Railways were presented along with the Union Budget on February 1, 2018 (the Railways Budget was merged with the Union Budget last year).  In the current Budget Session, Lok Sabha is scheduled to discuss the allocation to the Ministry of Railways.  In light of this, we disc...
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Making Smart Cities

Prachee Mishra - January 23, 2018
In the last decade, the government has implemented several schemes to address issues related to urbanisation and aid the process of urban development.  One of the schemes is the Smart Cities Mission, which intends to take advantage of the developments in information technology in developing the...
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Explained: The National Medical Commission Bill, 2017

Nivedita Rao - January 2, 2018
The National Medical Commission Bill, 2017 was introduced in Lok Sabha recently and is listed for consideration and passage today.[1]  The Bill seeks to regulate medical education and practice in India.  To meet this objective, the Bill repeals the Indian Medical Council Act...
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Explained: The Transgender Persons (Protection of Rights) Bill, 2016

Nivedita Rao - December 15, 2017
The Transgender Persons (Protection of Rights) Bill, 2016 has been listed for passage during the ongoing Winter Session of Parliament.  This Bill was introduced in the Monsoon Session last year and referred to the Standing Committee on Social Justice and Empowerment, which tabled its repor...
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The FRDI Bill: Bail-In provisions explained

Vatsal Khullar - December 7, 2017
The Financial Resolution and Deposit Insurance Bill, 2017 was introduced in Lok Sabha during Monsoon Session 2017.  The Bill is currently being examined by a Joint Committee of the two Houses of Parliament.  It seeks to establish a Resolution Corporation which will monitor the ri...
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The Anti-Defection Law Explained

Vibhor Relhan - December 6, 2017
On Monday, December 4, the Chairman of Rajya Sabha disqualified two Members of Parliament (MPs) from the House under the Tenth Schedule of the Constitution (better known as the anti-defection law) for having defected from their party.[1] These members were elected on a Janata Dal (United) ticke...
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Decoding the Code on Wages

Vinayak Krishnan - November 27, 2017
Presently, there are around 40 state and central laws regulating different aspects of labour, such as resolution of industrial disputes, working conditions in factories, and wage and bonus payments.  Over the years, some experts have recommended that these laws should be consolidated for easier...
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Resolving failure of financial firms: The FRDI Bill explained

Gayatri Mann - October 12, 2017
The Financial Resolution and Deposit Insurance Bill, 2017 was introduced in Parliament during Monsoon Session 2017.[1]   The Bill proposes to create a framework for monitoring financial firms such as banks, insurance companies, and stock exchanges; pre-empt risk to their financial position...
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Malnutrition in India: The National Nutrition Strategy explained

Nivedita Rao - September 8, 2017
In the recent past, there has been a renewed discussion around nutrition in India.  A few months ago, the Ministry of Health and Family Welfare had released the National Health Policy, 2017.[1]  It highlighted the negative impact of malnutrition on the population’s productivity, and ...
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Safety in Indian Railways

Prachee Mishra - August 24, 2017
Safety has been one of the biggest concerns in the Indian Railways system.  While the number of accidents have gone down over the last few years, the number still remains over 100 accidents a year.  In light of the recent train accidents in Uttar Pradesh (UP), we present some details aroun...
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Financing urban development

Prachee Mishra - June 30, 2017
India’s urban population has grown by 32% from 2001 to 2011 as compared to 18% growth in total population of the country.[1]  As per Census 2011, 31% of the country’s population (377 million people) live in cities, and contribute to 63% of the country’s GDP.[2]  The urban...
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Road to Raisina: How the President of India will be elected

Trina Roy - June 20, 2017
Yesterday, the BJP announced its candidate for the upcoming election of the President, which is scheduled to be held on July 17.  In light of this, we take a look at the manner in which the election to the office of the President is conducted, given his role and relevance in the Constitutional ...
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Overview of the Legal Issues around Aadhaar

Anviti Chaturvedi - June 10, 2017
Yesterday, the Supreme Court delivered its first verdict in a series of legal challenges that have been made against the Aadhaar project.[1]  In the present matter, the court was examining whether a provision of the Finance Act, 2017 that made Aadhaar mandatory for filing of income tax returns ...
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The financial health of Air India

Prachee Mishra - May 31, 2017
Recently there have been news reports about the NITI Aayog submitting its recommendations on improving the financial health of Air India to the Ministry of Finance.[1],[2]  The Civil Aviation Ministers have also mentioned that the Ministry will soon propose a roadmap for the rejuvenation of the...
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GST rates and anti-profiteering

Vatsal Khullar - May 24, 2017
Over the last two months, the centre and over 15 states have passed laws to levy the Goods and Services Tax (GST).  Under these laws, tax rates recommended by the GST Council will be notified by the government.  The Council met in Srinagar last week to approve rates for various items. ...
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Non-tax proposals in the Finance Bill, 2017

Tanvi Deshpande - March 22, 2017
The Finance Bill, 2017 is being discussed in Lok Sabha today.  Generally, the Finance Bill is passed as a Money Bill since it gives effect to tax changes proposed in the Union Budget.  A Money Bill is defined in Article 110 of the Constitution as one which only contains provision...
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Demonetisation of old notes: The proposed law explained

Vatsal Khullar - February 7, 2017
The Specified Bank Notes (Cessation of Liabilities) Bill, 2017 is being discussed in Parliament today.[1]  The Bill replaces an Ordinance promulgated on December 30, 2016 to remove the Reserve Bank of India’s  (RBI) liability and central government’s guarantee to honour the old...
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Debt recovery in India : The 2016 Bill and what it seeks to do

Vatsal Khullar - August 4, 2016
  The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016 is listed for discussion in Rajya Sabha today.[i]  The Bill aims to expeditiously resolve cases of debt recovery by making amendments to four laws, including the (i) Recove...
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The Bihar Prohibition and Excise Bill, 2016: An analysis

Vatsal Khullar - August 1, 2016
The Bihar Prohibition and Excise Bill, 2016 was introduced and debated in the Bihar Legislative Assembly today.  The Bill creates a framework for the levy of excise duty and imposes a prohibition on alcohol in Bihar.  In this context, we examine key provisions and some issues related to&nb...
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Declaration of assets under the Lokpal Act explained

Prianka Rao - July 28, 2016
A Bill to amend the Lokpal and Lokayuktas Act, 2013 was introduced and passed in Lok Sabha yesterday.  The Bill makes amendments in relation to the declaration of assets of public servants, and will apply retrospectively. Declaration of assets under the Lokpal Act, 2013 The Lokpal Act, 2013 pro...
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The Insolvency and Bankruptcy Code: All you need to know

Aravind Gayam - May 10, 2016
The Insolvency and Bankruptcy Code, 2016 is listed for passage in Rajya Sabha today.  Last week, Lok Sabha passed the Code with changes recommended by the Joint Parliamentary Committee that examined the Code.[1],[2]  We present answers to some of the frequently asked questions in rela...
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The Juvenile Justice Bill, 2015: All you need to know

Apoorva - December 18, 2015
The Juvenile Justice (Care and Protection of Children) Bill, 2015 is currently pending in Rajya Sabha and was listed for passage in the current Winter session of Parliament.  The Bill was passed by Lok Sabha after incorporating certain amendments, in May 2015.  Here is all you need to know...
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Cabinet clears four Bills piloted by the Ministry of HRD

Kaushiki - May 15, 2012
According to news reports (see here and here), the Cabinet approved four Bills for discussion in Parliament.  The Bills cleared for consideration and passing are: the Copyright (Amendment) Bill, 2010; the National Accreditation Regulatory Authority for Higher Educational Institutions Bill, 2010...
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A background to Section 66A of the IT Act, 2000

Apoorva - March 24, 2015
A few minutes ago, the Supreme Court delivered a  judgement striking down Section 66 A of the Information Technology Act, 2000.  This was in response to a PIL that challenged the constitutionality of this provision.  In light of this, we present a background to Section 66 A and the re...
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Land Acquisition: An overview of proposed amendments to the law

Joyita - March 16, 2015
On March 10, Lok Sabha passed a Bill to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.  The Bill is now pending in Rajya Sabha.  This blog briefly outlines the context and the major legislative changes to the land acqui...
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EU bans imports of Alphonso mangoes: Is India's biosecurity mechanism rigorous enough?

Sakshi - April 29, 2014
Recent news reports indicate that the European Union (EU) has banned imports of Alphonso mangoes and four vegetables from India due to the presence of harmful pests and a lack of certification before export.  The ban will be effective between May 1, 2014 and December 2015.  It has been sug...
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Enhancing SEBI’s Powers

Nithin - September 4, 2013
Recently, there have been instances of certain collective investment schemes (CISs) attempting to circumvent regulatory oversight.  In addition, some market participants have not complied with Securities and Exchange Board of India's (SEBI) orders of payment of...
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A balancing Act- The Land Acquisition Bill

M R Madhavan - August 29, 2013
The Land Acquisition Bill is slated to be taken up for consideration and passing in the Lok Sabha today. The government had circulated an amendment list in the last session of Parliament. In a column in the Financial Express, MR Madhavan discusses the major features of the Land Acquisition Bill...
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Does the financing of “Rights” laws impinge on the rights of states

M R Madhavan - August 20, 2013
In the last decade, some schemes have been recast as statutory entitlements – right to employment, right to education and right to food.  Whereas schemes were dependent on annual budgetary allocations, there rights are now justiciable, and it would be obligatory for Parliament to allocate...
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Outlawing corruption

admin_2 - August 15, 2013
In an Indian express editorial, Mandira Kala discusses the Bills, addressing corruption and good governance, pending in Parliament.  She discusses what their fate may be given that the Monsoon session is widely being viewed as a make or break session  for the government to get its legislat...
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Chit funds: Q & A

Vishnu - May 23, 2013
These are challenging times for chit fund operators. A scam involving the Saradha group allegedly conning customers under the guise of a chit fund, has raised serious questions for the industry. With a reported 10,000 chit funds in the country handling over Rs 30,000 cr...
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The law and short of it

Chakshu Roy - May 23, 2013
In today's Opinion piece, in the Indian Express, we discuss how enacting hasty new legislation in response to public events may not be the answer.  The recent spot fixing controversy in the Indian Premier League has brought the issue of betting in sports back into the limelight. As a result...
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More food for thought - the Food Security Bill

Sakshi - May 9, 2013
The 15th Lok Sabha is close to the end of its tenure. A key legislation that proposes major reforms in food security was listed for discussion in Parliament. The National Food Security Bill, 2011 has been scrutinised by a Standing Committee. In January, we compared the Standing Committee's recom...
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An overview of the Sexual Harassment Bill passed by Parliament

Kaushiki - March 6, 2013
Recently, the Parliament passed a law that addresses the issue of sexual harassment in the work place.  The Bill, introduced in the Lok Sabha on December 7, 2010, drew on the 1997 judgment of the Supreme Court (known as the Vishaka judgment) to codify measures that employers need to take to add...
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Verma Committee on the Sexual Harassment Bill

admin_2 - February 28, 2013
The Protection of Women against Sexual Harassment Bill was passed by Rajya Sabha yesterday.  Prior to this, no legislation specifically addressed the issue of sexual harassment at the workplace.  In 1997, the Supreme Court issued directions in Vishakha vs. State of Rajasthan to deal with t...
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Lokpal Bill: Cabinet accepts key suggestions of the Select Committee

Kaushiki - February 5, 2013
In the run up to the Budget session of Parliament, the Cabinet has decided to accept some of the key recommendations of the Select Committee on the Lokpal and Lokayuktas Bill, 2011.  The Bill, passed by the Lok Sabha in December 2011, was referred to a Select Committee by the Rajya Sabha. ...
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Food security: some food for thought

Sakshi - January 23, 2013
The right to food and food security have been widely discussed in the media.  The National Food Security Bill, 2011, which makes the right to food a legal right, is currently pending in Parliament.  The Bill seeks to deliver food security by providing specific entitlements to certain group...
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Shortage of doctors may hit rural healthcare delivery

Kaushiki - November 26, 2012
Recently, the Standing Committee on Health and Family Welfare submitted its report to the Parliament on the National Commission for Human Resource for Health Bill, 2011.  The objective of the Bill is to “ensure adequate availability of human resources in the health sector in all states&rd...
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Some Important Anti-Corruption Bills in Parliament

Madhukar - November 23, 2012
Listed below are some key Bills pending in Parliament that are expected to address various aspects of corruption in India. These Bills need to be scrutinized carefully by both lawmakers and citizens alike, so as the strengthen them. Citizen groups can engage in a variety of ways to get their views h...
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Will the changes to the Contract Labour Act benefit workers?

Kaushiki - October 26, 2012
A change in the Contract Labour (Regulation and Abolition) Act, 1970 may be in the pipeline.  According to news reports, the government may amend the 1970 Act to safeguard the interest of contract workers.  The proposal is to bring parity between permanent and contractual workers in wages ...
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Are we closer to a law on privacy?

Simran - October 19, 2012
On October 16, the Group of Experts on Privacy, Chaired by Mr. A. P. Shah, submitted its Report to the Planning Commission.  The Expert Group was appointed to set out the principles that Indian privacy law should abide by.   Even though privacy has been held to be a fundamental right ...
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N(I)AB-ing that environmental clearance

Jhalak - October 18, 2012
There has been much discussion about bringing the GDP growth on track and the need for expediting infrastructure projects in this regard. At the Planning Commission Meeting to approve the Twelfth Five Year Plan, last month, there were concerns about the  implementation of such  p...
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Are genetically modified crops safe enough?

Sakshi - October 15, 2012
A recent news report stated that the Planning Commission has advocated putting in place a “proper regulatory mechanism” before permitting the use of genetic modification in Indian crops.  A recent Standing Committee report on genetically modified (GM) crops found shortcomings in the...
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Bill to amend regulation of chemical weapons passed by Parliament

Jhalak - September 3, 2012
The Chemical Weapons Convention (Amendment) Bill, 2010 (the Bill) was recently passed by the Lok Sabha without any amendment.  The Chemical Weapons Convention Act, 2000 (the Act) was enacted to give effect to the United Nations Convention on the Prohibition of the Development, Production, Stock...
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Implementation hiccups in the Food Safety and Standards Act, 2006

Kaushiki - August 28, 2012
The implementation of the Food Safety and Standards Act, 2006 has run into rough weather.  The Act consolidates eight laws[1] governing the food sector and establishes the Food Safety and Standards Authority (FSSA) as the regulator.  It requires all food business operators (including small...
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Cabinet approves Bill to amend law on rape

Simran - August 2, 2012
According to a recent press release, the Cabinet has approved a proposal to introduce a Bill in Parliament to amend the Indian Penal Code, 1860 (IPC).  While the draft Bill is currently not available, its highlights are specified in the press release.  As per the press release, the Bill ai...
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Right to Education: the story so far

Kaushiki - August 1, 2012
In India, children between the age group of 6 and 14 years have the fundamental right to free and compulsory education.  This right is implemented through the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).  The Act is applicable to all categories of schools (govern...
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Alternate proposal to the National Food Security Bill

Sakshi - July 31, 2012
According to news reports, the Prime Minister recently chaired a meeting with ministers to discuss an alternative plan (“Plan B”) for the National Food Security Bill, 2011 (hereinafter “Bill”).  The Bill is currently pending with the Standing Committee of Food, Consumer ...
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Law prohibiting sexual offences against children sparks controversy over age of consent

Kaushiki - June 13, 2012
The Protection of Children against Sexual Offences Act, 2012 was passed by both Houses of Parliament on May 22.  The legislation defines various types of sexual offences against children and provides penalties for such acts. According to a report commissioned by the Ministry of Women and Child ...
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Lapses in the process of drug approval in India

Sakshi - May 29, 2012
The Parliamentary Standing Committee on Health and Family Welfare tabled a Report in Parliament on May 8, 2012, on the functioning of the Central Drugs Standard Control Organization (CDSCO).  CDSCO is the agency mandated with the regulation of drugs and cosmetics in India.  The Report cove...
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Changes recommended by the Standing Committee on Land Acquisition and Rehabilitation and Resettlement Bill, 2011

Sana - May 18, 2012
(Co-authored by Sana Gangwani and Pallavi Bedi) The Standing Committee Report on the Land Acquisition and R&R Bill, 2011 was tabled in the Lok Sabha on May 17, 2012. The major changes to the Bill recommended by the Committee include: Land may not be acquired for use by private companies an...
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General Anti Avoidance Rule (GAAR)

Vishnu - May 17, 2012
The issue of the General Anti Avoidance Rule (GAAR) has dominated the news recently and there are fears that GAAR will discourage foreign investment in India.  However, tax avoidance can hinder public finance objectives and it is in this context GAAR was introduced in this y...
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B.Tech students from new IITs may not get their degrees on time

Kaushiki - April 29, 2012
The first batch of B.Tech students will pass out in the next couple of months from six new IITs but they will not get their degrees unless Parliament passes an Amendment Bill.  M.Tech students who completed their course in IIT Hyderabad last year have not yet been awarded their degrees. The Ins...
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The Piracy Bill, 2012

Rohit - April 27, 2012
The Piracy Bill was introduced in Lok Sabha on April 24, 2012.  According to the Statement of Objects and Reasons, there has been a significant increase in attacks by pirates, particularly in the Gulf of Aden and off the coast of Somalia.  This has affected security of maritime t...
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Lok Pal Bill: The Standing Committee's Views

Kaushiki - December 18, 2011
There are indications that the Lok Pal Bill, 2011 is likely to be taken up for consideration and passing during the current Winter session of Parliament.  The Bill was introduced on Aug 4, 2011 in the Lok Sabha after a prolonged agitation led by Anna Hazare (see PRS analysis of the Bill). ...
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FAQs on the Lok Pal Bill Standing Committee

Devika - August 23, 2011
We wrote an FAQ on the Lok Pal Bill for Rediff.  http://www.rediff.com/news/special/special-parliamentary-committee-cannot-study-lokpal-bill-in-10-days/20110822.htm The Lok Pal Bill has been referred to the Standing Committee of Parliament on Personnel, Public Grievances, Law and Justice. ...
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Major differences between Lok Pal Bill, 2011 and Jan Lok Pal Bill (Anna version)

M R Madhavan - August 20, 2011
We wrote a piece for ibnlive.com on the major differences between the government’s Lok Pal Bill, 2011 and the Jan Lok Pal Bill drafted by Anna Hazare’s group.  The note is reproduced below.   The streets are witnessing a demand that the government’s Lok Pal Bill be replac...
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FAQ on Lok Pal Bill

M R Madhavan - August 11, 2011
We wrote an FAQ on the Lok Pal Bill for Rediff.  See http://www.rediff.com/news/slide-show/slide-show-1-all-you-wanted-to-know-about-the-lokpal-bill/20110808.htm The full text is reproduced below. What is the purpose of the Lok Pal Bill? The Bill seeks to establish an institution that will...
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The Draft Land Titling Bill, 2011

Vivake - June 23, 2011
The Department of Land Resources in the Ministry of Rural Development has released a draft version of The Land Titling Bill, 2011 on its website. This draft is a major revision of the original draft Bill released in 2010. Public comments on this draft are invited before June 24, 2011. A copy of the ...
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Standing Committee's recommendations on the Whistleblower's Bill

Kaushiki - June 17, 2011
The government is considering a number of measures to tackle corruption such as the formation of the office of the Lokpal or Ombudsman to investigate corruption cases, the Judicial Standards and Accountability Bill, 2010 that requires judges to declare their assets, lays down enforceable standards o...
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NAC's Draft Food Security Bill: A Hit or Miss?

Kaushiki - June 13, 2011
On June 3, 2011, the National Advisory Council (NAC) posted the draft of the National Food Security Bill on its website and has asked for public feed back on the Bill by June 12, 2011. Key Features of the Draft National Food Security Bill, 2011 -         ...
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The NAC Communal Violence Bill: Prevention of Communal and Targeted Violence

Anirudh - June 9, 2011
The National Advisory Committee has recently come out with a Communal Violence Bill.  The Bill is intended to prevent acts of violence, or incitement to violence directed at people by virtue of their membership to any “group”.  An existing Bill titled the “Communal Violen...
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FAQ: Why is land acquisition so controversial?

M R Madhavan - June 1, 2011
The government's acquisition of land for projects has been facing protests across the country, the violence in Uttar Pradesh being only the latest. What is Land Acquisition? Land acquisition is the process by which the government forcibly acquires private property for public purpose with...
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FAQ: What is Lok Pal Bill? Why the ruckus over it?

Kaushiki - April 7, 2011
The Lok Pal (anti-corruption body) Bill has generated widespread interest in the past few days. The Bill is an attempt by the government, under massive pressure due to corruption charges, to gain some of its lost ground. However, civil rights activists, including Anna Hazare, Swami Agnivesh, Kira...
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Can compensation be paid for crimes against the state?

Anirudh - March 4, 2011
In a recent judgement (Judgement on Feb 23 - Baldev Singh and Ors. V. State of Punjab), the Supreme Court reduced the sentence of three persons convicted of rape from 10 years to 3 and a half years, and also asked the three convicts to pay a fine of Rs 50,000 each to the victim.   In reducing t...
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Lokpal - A 'toothless' tiger?

Rohit - January 10, 2011
The union government is reportedly considering a legislation to create anti-corruption units both at the centre and the states. Such institutions were first conceptualized by the Administrative Reforms Commission (ARC) headed by Morarji Desai in its report published in 1966. It recommended the creat...
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Legislation referred to parliamentary committees for scrutiny and report

Mandira Kala - December 23, 2010
In the recently concluded Winter Session of Parliament, nine Bills were introduced. Of the Bills introduced, 4 bills have been referred to the relevant Standing Committee for examining the Bill. The Standing Committees have been given three months to scrutinize the bills, hold consultations and pres...
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Will judges have to declare assets under the new Bill on judicial accountability?

Anirudh - December 17, 2010
The issue of judges declaring their assets assumes importance in light of recent allegations and inquiries into allegations of wrongdoing by judges (read our post on the report of the Committee set up to examine allegations of wrongdoing by Justice Soumitra Sen of the Calcutta High Court).  The...
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Andhra Pradesh Micro Finance Institutions (Regulation of Moneylending) Act, 2010

Sana - December 16, 2010
The Andhra Pradesh government issued an Ordinance on October 15, 2010, which stipulated conditions for the microfinance activities in the State. This Ordinance was ratified two months later on December 15, 2010 by the lower house of the Andhra Pradesh assembly. The key features of the Bill are: &bul...
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Bill on accountability of Judges

Anirudh - December 15, 2010
The Judicial Standards and Accountability Bill, 2010 was introduced in the Lok Sabha on December 1, 2010. The Bill was introduced by the Shri M. Veerappa Moily, the Minister of Law and Justice. The Bill seeks to (a) lay down judicial standards, (b) provide for the accountability of judges, and (c) e...
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The Companies Bill, 2009

M R Madhavan - November 16, 2010
All companies are currently governed by the Companies Act, 1956. The Act has been amended 24 times since then. Three committees were formed in the last ten years, chaired by Justice V B Eradi (2001), Naresh Chandra (2002) and J J Irani (2005) to look into various aspects of corporate governance and ...
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NGOs and the legislative process

Madhukar - September 23, 2010
All stakeholders, including citizens, NGOs, etc. have an important role in the law making process. But for many stakeholders, the process is not obvious or easily explained. In PRS, we often receive a number of requests from NGOs about how it is that they can get Parliament to make changes in legisl...
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Land Acquisition: Public realm, private gain

Kaushiki - September 8, 2010
One of the most politically contentious issues in recent times has been the government’s right to acquire land for ‘public purpose’.  Increasingly, farmers are refusing to part with their land without adequate compensation, the most recent example being the agitation in Uttar ...
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An Analysis of the Deferred Educational Tribunals Bill, 2010

Kaushiki - September 7, 2010
Given India’s anti-defection laws, the Educational Tribunals Bill, 2010 should have sailed through smoothly in the Rajya Sabha.  The Bill was passed in the Lok Sabha on August 26 in spite of opposition from many MPs who raised a number of pertinent issues. However, in a surprising turn of...
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Digging on the right side of the law

admin_2 - September 3, 2010
The recent order of the ministry of environment and forests (MoE&F) rejecting the application for grant of forest clearance to the Orissa Mining Company (the Vedanta project) has raised a number of important questions. The order cited the company’s non-compliance with a number of laws. But...
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Parliament’s Recommendations on the Nuclear Liability Bill – Why the “and”?

Anirudh - August 20, 2010
In law, the addition or deletion a single punctuation or a single word can have a major impact on the effect of that law.  One such example can be seen from the recommended changes in the Civil Liability for Nuclear Damage Bill, 2010 by Parliament’s Standing Committee. The Civil Liability...
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Issues related to MCI - how to regulate medical colleges and doctors?

Rohit - August 17, 2010
The Medical Council of India (MCI) has seen a few major controversies over the past decade. In the latest incident, MCI President, Dr. Ketan Desai was arrested by the CBI on charges of accepting a bribe for granting recognition to Gyan Sagar Medical College in Punjab. Following this incident, the ce...
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Amendments Proposed to Draft Direct Taxes Code

Avinash - July 15, 2010
The draft Direct Taxes Code Bill seeks to consolidate and amend the law relating to all direct taxes and will replace the Income Tax Act, 1961.  The draft Bill, along with a discussion paper, was released for public comments in August 2009.[1] Following inputs received, the government proposed ...
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Are laws covered by copyright?

Avinash - June 29, 2010
The simple answer is yes. Under the Copyright Act, 1957, the government, and the government alone, can print its laws and issue copies of them.  If, for instance, a person, takes a copy of an Act, and puts it up on their website for others to download, it's technically a violation of copyri...
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Civil Nuclear Liability and International Principles

Anirudh - June 21, 2010
The Civil Damage for Nuclear Liability Bill, 2010 has been criticised on many grounds (Also click here), including (a) capping liability for the operator, (b) fixing a low cap on the amount of liability of the operator, and (c) making the operator solely liable.  We summarise the main principle...
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Legislative vacuum and the Bhopal Gas tragedy

Rohit - June 10, 2010
Our Constitution provides protection against laws imposing criminal liability for actions committed prior to the enactment of the law. Article 20 (1) under the Part III (Fundamental Rights), reads: 20. (1) No person shall be convicted of any offence except for violation of a law in force at the...
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Summary: Civil Liability for Nuclear damage Bill, 2010

Anirudh - May 25, 2010
The Civil Liability for Nuclear Damage Bill, 2010 was introduced in the Lok Sabha on may 7, 2010.  The following is PRS’s summary of the Bill (The Bill summary and the Bill along with related media articles can also be accessed on the PRS Website): The main features of the Bill ar...
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Legislative debate: Influencing amendments to the Green Tribunal Bill, 2010

Anirudh - May 4, 2010
One of the main tasks of the Parliament is to frame laws through debate and discussion on the floor of the House.  However, there have been repeated instances where Bills introduced by the government have been passed without substantive discussion (For news reports, click here and&nbs...
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Revamping India's Higher Education System

Kaushiki - April 29, 2010
The shortage of skilled man-power is a cause for concern in most sectors in India.  Experts acknowledge that the present higher education system in India is not equipped to address this problem without some changes in the basic structure.  Official records show that the gross enrollment ra...
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Seeds Bill Update

M R Madhavan - April 26, 2010
The Seeds Bill was introduced in 2004, and is listed for discussion in Rajya Sabha this week. We had flagged some issues in our Legislative Brief. The Standing Committee had also made some recommendations (summary available here). These included the following: Farmers selling seeds had to meet the s...
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Re-starting the Tamil Nadu Legislative Council

Anirudh - April 19, 2010
Anirudh and Chakshu Friday's issue of Indian Express carried an op-ed article by the Director of PRS on the issue of the re-establishment of the Legislative Council (upper house) in Tamil Nadu. The article (a) traces the history of the legislature in Tamil Nadu, (b) the efficacy of having upper...
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Guesstimating Access to Food Security

Mandira Kala - April 7, 2010
The empowered group of ministers (EGoM) met recently to review the draft food security bill. Two issues have been reported to have gained prominence in their discussions – the exact number of poor families that are likely to be beneficiaries under the Food Security Act and reforming of the tar...
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Ratifying Reservation

Anirudh - March 10, 2010
There have been articles in the media on the future passage of the Women's Reservation Bill stating that the Bill will have to be ratified by state legislatures before it is signed into law by the President.  Our analysis indicates that ratification by state legislatures is not required.&nb...
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Update on the Women’s Reservation Bill

M R Madhavan - February 9, 2010
Speaker Meira Kumar has urged political parties to arrive at a consensus on the women’s reservation bill.  The 2008 Bill has the following main features.  1. It reserves one-third of all seats in Lok Sabha and Legislative Assemblies within each state for women.  2. There is quot...
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The Surrogacy (Regulation) Bill, 2016: All you need to know

Mandira Kala - November 23, 2016
The Surrogacy (Regulation) Bill, 2016 was introduced in Lok Sabha on November 21, 2016 and is listed for passage this week.  The Bill regulates altruistic surrogacy and prohibits commercial surrogacy.  We present a brief overview of the Bill and some issues that may need to be considered: ...
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Are there enough regulatory safeguards against nuclear power?

Simran - October 30, 2012
The protests against the nuclear power plant at Kudankulam have intensified over the recent weeks.  The Kudankulam plant is expected to provide 2 GW of electricity annually.  However, activists concerned about the risks of nuclear energy are demanding that the plant be shut down.  The...
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