 "Winter Session - Key Bills to Watch Out For")
The Winter Session of Parliament promises to be an unpleasantly chilly one. There are several critical bills coming up for debate and passage on which the opposition parties and the government don’t see eye to eye. The BJP has also asked for the session to be extended after breaking for Christmas to pin down the government on a range of issues including the riots in Muzaffarnagar, blasts in Patna during Narendra Modi’s rally and the functioning of the JPC on the 2G scam.
To be held between 5th and 20th of December, the session has 12 sittings and a heavy legislative agenda. It would effectively be the last session of the Lok Sabha with next year’s budget session likely to see only a vote on account due to the elections. How much business will be transacted depends on what the outcome of the state elections will be according to experts. But undoubtedly the legislative agenda is ambitious. There are 29 bills for consideration and passage, 5 new bills for introduction and 2 bills listed for introduction, consideration and passing according to a research agency, PRS Legislative.
Here’s a list of the most important & contentious of those bills and what positions the government and opposition parties harbour on them –
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1) The Direct Taxes Code Bill, 2010
The passage of this bill will facilitate the implementation of the Direct Taxes Code by replacing the Income Tax Act 1961 and the Wealth Tax Act. It proposes higher income tax slabs, a new tax slab for the rich and aims to rationalize tax rates to bring more people and companies under the tax net. The DTC bill also seeks to levy MAT (Minimum Alternate Tax) on book profit instead of gross assets and retains the STT (Securities Transaction Tax). The first draft of the Bill was prepared by Finance Minister P. Chidambaram in 2009, followed by a second draft by Finance Minister Pranab Mukherjee, post which it was sent to the Standing Committee.
Status: Most of the Standing Committee’s recommendations have been accepted according to press reports.
2) The Insurance Laws (Amendment) Bill, 2008
The Insurance Laws (Amendment) Bill, 2008 amends the Insurance Act 1938, the General Insurance Business (Nationalisation) Act, 1972 and the Insurance Regulatory and Development Authority Act, 1999. It was first introduced in the Rajya Sabha on 22nd December,2008. The bill raises the limit of foreign holding in insurance companies to 49%, allows entry of foreign re-insurers and permits nationalised general insurance companies to raise funds from the capital markets.
Status: The bill has been approved by the cabinet but has yet to get the green light from the Bharatiya Janata Party which is against allowing 49% FDI in insurance companies.
3) The National Identification Authority of India Bill, 2010
This provides statutory backing to the National Identification Authority of India for the purpose of issuing unique identification numbers or Adhaar cards to individuals. The Bill does not make it mandatory for enrollment with the NIAI but does not prevent any service provider from seeking Aadhaar as a mandatory requirement for availing services. According to a NDTV report, the bill proposes to constitute a statutory authority and lay down the powers and functions of the Authority, a framework for issuing Aadhaar numbers, defines offences and penalties etc.
Status: The Standing Committee has rejected the bill and the BJP has said it is concerned about the UID scheme which according to the party is a threat to the country’s security. It is also perturbed about the provisions of the bill that gives illegal migrants the same rights as citizens.
4) The Lokpal and Lokayuktas Bill, 2011
This bill establishes the office of the Lokpal and Lokayuktas to investigate cases of corruption against certain public servants including the PM (with specified safeguards), current and former union ministers, current and former MPs, group A, B, C, D officers, PSU employees among others. The Bill, once passed, will be applicable to states if they give their consent to its application, according to PRS Legislative.
Status: The Bill has been passed by the Lok Sabha and was taken up for consideration and passage in the Rajya Sabha, which referred it to a select Committee. The bill will be taken up for deliberation and introduced with changes suggested by the commitee. If passed, the bill will be presented to the Lok Sabha again for final approval.
5) The Constitution (108th Amendment) Bill, 2008 (Women’s Reservation Bill)
The bill which has been debated for decades provides for 33% reservation for women in Parliament and State Legislative Assemblies. It was first introduced in the Lok Sabha on September 12, 1996 and has since been introduced in Parliament several times, but not passed because of lack of political consensus.
Status: The bill was passed by the Rajya Sabha in March 2010 but has been blocked several times in the Lok Sabha. Opposition parties such as the BJP and the Left back the bill but Samajwadi Party has threatened to stall parliament if either the Women’s Reservation Bill or the SC/ST quota in promotion bill are brought for debate. The SP has said it wants modifications to the Bill and a quota within the quota for women from underprivileged sections.
6) Prevention of Communal Violence (Access to Justice and Reparations) Bill
The contentious bill which aims at protecting minorities from targeted attacks has deeply polarized politicians and activists. The draft bill is largely in line with the 'Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011' prepared by Sonia Gandhi-led National Advisory Council and proposes to “impose duties on the Centre and state governments and their officers to exercise their powers in an impartial and non-discriminatory manner to prevent and control targeted violence, including mass violence against religious or linguistic minorities, SCs and STs”, according to an Economic Times report. Changes have reportedly been made to allay states concerns over infringement on their rights by allowing direct intervention of the Centre in riot hit areas according to another report.
Status: The cabinet is yet to approve it. AIADMK and BJP are staunchly opposed to the bill and Narendra Modi has called it ill-conceived and poorly drafted.
Apart from these bills, there is still no clarity on whether another contentious legislation like the bill which envisages separate statehood for Telengana (likely to be discussed by the cabinet today) will be listed. Reports suggest the session could be extended to accomodate this bill as the divided state would be electorally important for the Congress in the 2014 elections.