List of Important Bills

List of Important Bills (Part-1)

1. Central Information Commission:-

• Central information commission is constituted by the central government through a gazette notification.
• The commission includes one chief information and not more than 10 information commission.
• All are appointed by the president.
• Oath of office is administered by the president of India according to the form set out in the first schedule.
• Central information commission and state information commission have power of civil court.

2. Election Commission celebrates diamond jubilee:-

• The president of India recently inaugurated the diamond jubilee celebration of the election commission of India.
• The commission was set up on Jan 25, 1950. While the rest of the constitution came into force on Jan 26, 1950.
• Article 324 that created the commission was one of those exceptional provisions given effect as early as on Nov 26, 1949.
• Until Oct 1989 there was just one chief election commission. In 1991 a law providing for the appointment of two election commissioners. This law was amended and renamed in 1993.
• The election commission enjoys complete autonomy and is insulated from any kind of executive interference.
• It also functions as a quasi-judicial body in matters of electoral disputes and other matters involving the conduct of elections.
• However the decisions of the body are liable for independent judicial reviews by courts acting on electoral petitions.

Principal functions of Election Commission of India:-

• Demarcation of consistencies
• Preparation of electoral rolls
• Recognition of political parties and allotment of symbols
• Scrutiny of nomination papers
• Conduct of polls
• Scrutiny of election expenses of candidates.
• The national health bill – 2009
• It seeks to provide health , health equity and justice for all Indians

3. National Health Bill- 2009

It seeks to provide health, health equity and justice for all Indians.

Its Important Features are:-

• Right to heath care:- the bill seeks to legalize the right to health care along with other issues associated with health rights.
• Emergency care:- no individual should be denied emergency treatment because of his inability to pay fees or due to the requirement for police clearance.
• Patient complaints:- bill seeks to make it mandatory for the hospitals to address patient complaints on 24x7 basis.
• Name of doctor involved in treatment:- every patient has the right to know the name of doctor/ nurse involved in his treatment.

4. National Arrears Grid:-

• Union law minister had announced that the national arrears grid and the special purpose vehicle would implement the action plan to bring down the arrears of cases pending in various courts.
• The action plans should focus on human resource development, infrastructure development and procedural reforms.
• It is decided that special judges to deal with all pending criminal cases where the term of sentences was less than 3 years.
• It favored creation of a national pool of judicial officers from retired judges to enable persons from the pool to be appointed as high court judges.

5. Gram Nyayalayas:-

• The Gram Nyayalayas act 2008 had been enacted to provide for the establishment of the gram nyayalayas at the grass root level for the purpose of providing access to justice to the citizens at their door steps.

Salient features:-

• It is aimed at providing inexpensive justice to people in rural areas at their door steps.
• It will have its court of judicial magistrate of the first class and its presiding officers ( Nyayadhikri) shall be appointed by the state government in consultation with the High Court.
• The Gram Nyayalaya shall be established for every panchyats at intermediate level in a district or where there is no panchayat at intermediate level in any state for a group of contiguous panchayats.
• Gram nyayalaya shall be a mobile court and shall exercise the powers of both criminal and civil courts.
• Officiating nyaydhikari will go to villages work there and dispose of the cases.

6. Law commission:-

• It is a non- statutory body.
• Constituted by the government from time to time originally constituted in 1955 and it is reconstituted every three years.

7. Judges ( inquiry) bill , 2006:-

• The judges ( inquiry ) bill 2006 established a national judicial council ( NJC) to conduct Inquiries into allegations of incapacity or misbehavior by high court and Supreme Court judges.
• The proposed NJC would consist of the chief justice of India, two Supreme Court judges and two high court chief justices to investigate high court judge (It has been change again in the new draft).
• The chief justice of India and four Supreme Court judges to investigate Supreme Court judges.
• The NJC shall investigate complaints submitted by any persons, or upon receiving a references from parliament based on a motion moved by 50 Rajya Sabha or 100 Lok Sabha m.p.
• If the allegations are proven, the NJC may impose minor measures or recommended the removal of judges. Removal of judges shall be through impeachment by parliament.

8. Biotechnology Regulating Authority of India (BRAI) bill:-

• This Bill would bring about wide ranging changes in the process of regulating research, transport, import, manufacture and use of G.M product in the country.

Controversy regarding the Bill:-

• According to section 81 of the bill the act will have an overriding effect over other state – level acts. Activists allege that this ignores the constitutional powers of states over agriculture and health
• This bill has no provisions for public participation, which is a violation of article 23.2 of the Cartagena Protocol on bio- safety to which India is a signatory.
• The bill also states that whoever without any evidence or scientific record misleads the public about the safety of organism and products shall be punished with imprisonment for a term which shall not be less than six months. But which may extend to one year and with fine which may extend to two lakh rupees or with both.
• The bill serves to over ride state specific concerns by making the proposed authority solely responsible for releasing and controlling genetically modified organisms (GMOs) through out the country and envisages only an advisory role for state.

9. The prohibitions of unfair practices in technical, medical educations institutions and universities bill:-

• It is drafted by the Human Resource development ministry to provide for a central law to curb malpractices.
• However in the T.M.A pai , case supreme court held that establishment of private unaided educational institutions was in the exercise of fundamental rights to occupations under article 19 (1) (g) of the constitution.

10. Communal violence bill:-

• It is communal violence (prevention, control and rehabilitation) bill.
• The bill empowers the centre to intervene to tackle communal violence without the concurrence of the state government , if it is believe that state is not doing enough to control the violence.
• The bill also empowers the centre to declare any area in any state communally disturbed, if it is convinced that the state government is not following its directions to control or to check communal violence.
• The bill gives the central government exclusive power to constitute a unified command to deal with communal violence

  List of Important Bills (Part-II)

  1. Reservation based on religion:-

• For the first time, the Supreme Court in an interim order allowed a separate quota for backward Muslims in Andhra Pradesh.

2. Gender equality in armed forces:-

• Delhi high court has ruled that equality must be exercised while granting of the permanent commission to the army personal that have worked in the army.

3. National environment protection authority (NEPA):-

• This authority would ensure monitoring and compliance of environment laws, besides taking over the licensing functions from the ministry of environment and forests.
• It modeled on the lines of the U.S. environment protections authority.
• NEPA would be a statutory body autonomous of the environment ministry.
• After transferring all its licensing functions to NEPA, the environment ministry would remain as a policy making body.
• NEPA is expected to be a professional body consisting of experts.
• With NEPA and the national green tribunal in place the polluter pays principle will be implemented which makes both private and public sector companies’ pay for degrading the environment.

4. The prohibition of unfair practices in technical, medical education institutions and universities bill 2010:-

• This bill seeks to make capitation fee a cognizable offence.
• The bill recommends a minimum of three years imprisonment and a fine of Rs 50 lakh for charging capitation fee. And putting out misleading advertisements or willfully giving wrong information in the prospectus.

5. Employee state insurance act (ESI):-

• The union cabinet has approved a proposal of the labor ministry to arm the employee’s state insurance act (ESI) 1948 to provide medical facilities to unorganized workers. private hospitals under the Rashtriya Swasthya Bima Yojna (RSBY) can implement the health insurance schemes.
• There are about 43 crore unorganized workers in the country. Which make up about 94 % of the total work force.

6. Copyright bill:-

• Union government introduced the copyright amendment bill, 2010. The bill is the most comprehensive attempt to amend the 1957 act.
• It will seek to give independent rights to lyricists, composers and singers as the authors of literary and musical works in films.
• If the bill enacted, authors especially lyricists will get royalties and other benefits from the commercial exploitation of their work.

7. 86th constitutional amendment act:-

• Fundamental right of children to elementary education under article 21, a.
• 86th constitutional amendment act 2002.
• Gopal Krishna Gokhle urged the imperial legislative assembly to confer on the Indian people the right to education.

8. RTE act 2009:-

• It provides for children’s right to free and compulsory admission, attendance and completion of elementary education.
• Section 3 (i) of the act says that every children between the age of 6 to 14 must be provided with free education in the nearest school till that child completes his/ her elementary education.
• The act lays down that the curriculum should provide for learning through activities, exploration and discovery.
• It mandates children’s right to an educational system that is free from fear, stress and anxiety.
• The act prohibit corporal punishment
• The responsibility to provide schools, infrastructure, trained teachers, curriculum and teaching learning material and mid day meal lies with the educational departments of the central and state government.
• Supreme Court upholds quota in local bodies:-
• Supreme Court upheld the constitutional validity of articles 243 D (6) and 243 T (6), providing for reservation of seats in any panchayat and municipalities in favors of backward class.

9. MPLAD:-

• The Supreme Court held that the member of parliament local area development schemes, under which every MP is allotted 2 crore a year for constituency development was constitutional.
• The court said that, the allegation of misuse of the funds by some MPs in itself may not be a ground for scrapping the schemes as checks and safeguards have been provided.
• The court supporting the MPLAD scheme said that the information furnished shows that the scheme has benefited the local community by meeting its various development needs.
• The MPLAD scheme was launched during 1994.
• The objective of the scheme is to enable MPs to recommended works of developmental nature with emphasis on the creation of durable community assets, based on locally felt needs to be taken up in their constituencies.
• When the schemes was launched the amount was 5 lakh per MP from 1999 the amount was increased to 2 crore.

10. National Litigation Policy (NLP):-

• With the huge back log of cases continuing to clog the wheels of justice Mr. Moily launched a new policy initiative to ensure that government departments and agencies become more “responsible “in filling and pursuing cases.
• Government is the biggest litigator in the courts of India.
• The NLP drafted by the office of attorney- general G.E Vahanvati, the policy provides a set of tools for its implementations, including a provision for appointment of well trained model officers with adequate legal background and expertise by each and every department and agency for a “pro-active “measurement of its cases and constitution of empowered committees to monitor the implementation of the policy.

11. The higher educational and research bill 2010:-

• Reforming higher educational The bill takes away regulatory power given to various councils.
• The govt. planning to making of an umbrella regulating body. In this context the NCHER (National Council Of Higher Education And Research) would be an encompassing one. Covering all areas of education
• The draft bill states that along with the P.M both the union human resources development minister and the union health minister would be a part of the selection committee that would recommended to the president.

12. Replacement of Delhi Special Police Establishment (DSPE) Act:-

• Often under attack from the opposition parties who accuse the government of the day of misusing it, the C.B.I. has urged the govt. to replace DSPE. Act that governs its functioning with a new low.
• In this regard CBI has submitted the draft CBI act 2010 as per provisions of Art 246 of the constitution to the govt. which it seeks as a replacement for the DSPE Act.
• CBI said that it felt constrained by the states to investigate offences in their jurisdictions.
• Hindu marriage act:-
• Divorce to become easier
• Under the Hindu marriage act and the special marriage act the union cabinet cleared amendments for introduction of “irretrievable breakdown of marriage as an additional ground”.
• In this context, section 13-B of the Hindu marriage act and section 28 of the special marriage act provide for divorce by mutual consent as a ground for presenting a petition for dissolution of marriage.

13. Representation of the people (amendment bill) 2006:-

• The bill seeks to amend the representation of the people act 1950.
• The 1950 act lays down the conditions for registering as a voter. One of the conditions requires a citizen to be an “ordinarily resident “in a constituency.
• The bill expends the definition of “ordinarily resident” to include any person who is away from his residence temporary or otherwise for employment, education or any other purpose.
• Unlike in the U.S. Indian citizen living abroad are not subject to pay the tax, but would get right to vote
• Extending the right to vote to Indian citizen living abroad would also allow them to stand in election.

14. MNREGA to have new dispute resolution system:-

• Beneficiaries of Mahatma Gandhi National Rural Employment Guarantee Act may soon be able to move village court to complain against undue delays in getting work or non payment of wages among other things.
• The rural development ministry proposes to set such Gram Nyayalyas on village court exclusively for this proposes.
• Budgetary allocation for MNREGA in this 2010 financial year is 40, 100 crore.

15. Mines And Minerals (development and regulation) Bill:-

• The bill prepare on the basis of the policy directions set forth in the 2008 national mineral policy and the recommendation of the Hooda Committee.
• The centre is planning to pay 26% Share in mining profits to tribal people and to set up a regulatory only to check illegal mining.
• The authority would leave the power to inspect and detect, investigate and prosecute of illegal mining.
• The centre would also leave the power to terminate the lease. If state could not act.

16. Educational Tribunal Bill, 2010:-

• Seeking to mediate adjudication of disputes in the education sector. This bill establishes educational Tribunal at national and state level.
• The bill has introduced in Lok Shaba on May 3, 2010. Then the bill has referred to the standing committee on Humane Resource Development.
• The tribunal at national and state level to adjudicate disputes involving teachers and other employment of higher education and other stake holders such as Students, universities including foreign educational providers and statutory regulatory authorities .
• National educational Tribunal Shall consists of a chairperson and minimum eight members.
• State educational Tribunal shall consist of chairperson and two other members.

17. Trade makes (Amendment) Bill 2009:-

The bill will allow any person or an enterprise to seek registration or trade mark in any of 84 member countries of the Madrid protocol through a single application.

• A sum of Rs. 300 crore has been earmarked in the 11th Plan for this purpose

18. Public Interest Disclosure and Protection to person making the disclosure bill 2010:-

• The bill would protect whistle blowers and provide severe punishment to those who expose the identity of the person or try to victimize such people.
• The bill also provides for setting up a regular mechanism to encourage disclosure of information on corruption ,and misuse of power by public servants, which causes demonstrable losses to the govt.
• The bill brings employees of centered and state government, public sector firms, local authorities and societies among others under its ambit.
• Whistle blowers: A whistle blowers is a person who raise a concern about undergoing occurring in any organization or body of people

19. Foreign Contribution (Regulation) Bill 2010:-

• The bill seeks to regulate the acceptance and utilization of foreign Contribution of foreign hospitality by certain individuals or associations or corporations
• the bill would present powers which want to use foreign funds to divide country on religion basis
• The bill had sufficient provision to ensure that genuine NGO interested in development authorities did not suffer
• There was a provision in the bill where if any organization received funds over Rs. 10 lakh in an instances the bank concerned would immediately inform the govt. so that source of such fund would be track.

20. Salary Hike for M.P:-

• A bill proposed a salary hike for M.P from Rs 16,000 to 50,000 and doubling their any allowances to Rs 40,000 was tabled in the Lok Shabha in monsoon session.
• The daily allowances for members from Rs. 1,000 to Rs 2,000 and office expenses allowances for Rs. 20,000 to Rs 40,000.

21. Nehru National Solar Mission:-

• Govt. aims to add at least 1000 MW solar power by the end of 2013.
• In the second phase , after taking into account the experience of the initial years, capacity will be aggressively ramped up to create conditions for up scaled & competitive solar energy perpetration in the country.
• The J.R.R.M was set up with the objective of achieving generation of 20 000 MW of solar energy is three phase by 2022.

22. National innovation council:-

• Support to govt. for inclusive innovations.
• National innovation council will be headed by Sam Pitroda.
• Innovation decade – (2010 – 2020)
• The council will have a mandate to evolve an Indian model of innovation that focuses on inclusive growth and creating an appropriate eco-system convince to fostering inclusive innovation.

23. Nalanda University Bill 2010:-

• The union cabinet cleared the Nalanda University Bill 2010 passing the way for the establishment of Nalanda University at a cost of Rs. 1,005 Crore.
• The Bill has been drafted by the ministry of external affairs, following a consensus arrival at east Asia submit held in Thailand in October last year.
• The mentor groups chaired by Professor Amartys Sen.
• In 2006, Singapore, China, India, Japan and other nation announced a proposed plan to restore the ancient site at Nalanda university.

24. National Urban Health Programme:-

• (NUHM) to provide better health care facilities to urban slum
• The ambition Rs. 33,000 crore schemes are expected to bring within its preview domestic help, vegetable venders, Vulnerable population such as migrants, rag pickers & street children.
• The mission aimed to correct structural imbalance in the public health system

25. Heath System in Urban Area:-

• According to the 2001 census, almost 4.26 crore people lived in slums in 640 cities.
• Once in place, the 7 area NUHM will seek to reduce the infant mortality rate to 30 per 1,000 line births and material mortality rate to 100 per 1,00,000 line births by 2015 .
• The mission will have four components:
• (a) On reach services.
• (b) Primary urban health centers.
• (c) Referral services.
• (d) Emergency medical services
• While for the first 2 years the center and the state will carry the burden in the ratio of 85:15, from third year (2012-13) onwards. Urban local bodies will have to share 10% of the cost.

26. Protection of Women Against Sexual Harassment At Work Places Bill 2010:-

• The draft legislation envisages that every work place. Where organized or unorganized. Should have an internal complaint committee with members nominated by the employer.
• In absent of such a committee, the draft bill envisages a penalty provision, including de-registration of the institution or a fine of Rs. 5000, 0 for the first time offence.
• For the second offence, the employee will be liable to twice the punishments imposed earlier.
• The pending includes with drawl of license or de-registered.
• The internal compliant committee’s presiding offices should be women.
• The draft bill include a new clause, 2(a) which defines an aggrieved women, bringing student’s research scholars and patients with in the ambit of the proposed law.
• The draft bill has a provision that in case a women is not satisfied with the conclusion of the district magistrate or appeal to the court.
• According to the proposed bill, sexual harassment means “an unwelcome sexually or by implication which included physical contact and advances or demand or request for sexual favors, sexually colored remarks. Showing pornography, or any other unwelcome physical, verbal conduct of sexual nature.

27. New Mining Legislation:-

• The government is in the process of framing a new mining legislation for displayed
• A group of minister’s (Gom) for the purpose headed by Pranav Mukherjee has proposed that company should share 26% of their profit from mining with those who suffered.
• The issue of mining has raging controversy even since environment ministry rejected the earlier clearness given to Vedanta’s Rs. 70,000 crore bauxite mining project in Niyam giri hills orissa on the ground of violating green and tribal norms
• Niyam Giri hills are home to Dongria Kondh tribe.