An Outline of Laws Enacted During the Modi Government's 12-Year Tenure (Part 2)
An Outline of Laws Enacted During the Modi Government's
12-Year Tenure (Part 2)
Laws seek to address the demands, needs, aspirations, and
challenges of all sections of society while striking a balance among their
diverse priorities. This overview examines laws enacted since 2014 that aim to
advance the vision of a 'Republican India.'These laws strive to balance the
Fundamental Rights and the Directive Principles of State Policy enshrined in
Parts III and IV of the Constitution of India. Furthermore, they incorporate
directives issued by the Supreme Court of India in various judgments. Enacting
legislation is merely the first step; it is rightly said that the true
challenge lies in implementing the laws passed by the legislature in both
letter and spirit.Freedom from colonial era laws
1-Bringing Unorganized sector under social benefit net -sabka sath sabka vikas sabka samman
Industrial Relations Code, 2020. It is a consolidation of
three industrial laws. Industrial Disputes Act, 194, Trade Unions Act,
1926 and Industrial Employment (Standing
Orders) Act, 1946The Code aims to:Simplify industrial relations laws, Promote
harmonious employer–employee relations. ,Facilitate collective
bargaining,Provide mechanisms for dispute resolution., Balance labour welfare
with ease of doing business.
Occupational Safety, Health and Working Conditions Code, 2020
consolidates and rationalizes 13 central labour laws relating to workplace
safety, health, welfare, and working conditionsInetr alia ,the Code broadens
the definition of inter-state migrant workers and provides:Journey
allowance,Database/portal registration,Welfare measures and benefits
Code on Wages, 2019
is the first of India's four Labour Codes. It consolidates and replaces
four major labour laws relating to wages, bonus, and equal remuneration.
Code on Social Security, 2020 The Code on Social Security, 2020 is one of India's four Labour Codes. It consolidates and rationalizes nine existing social security laws with the objective of extending social security protection to employees, workers, unorganized workers, gig workers, and platform workersAadhaar-Based Identification.Section 142 -The Code permits Aadhaar-based identification for registration and availing benefits under social security schemes. This provision generated debate concerning privacy and welfare access
2-Right to livelihood with dignity for street vendors
Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Act, 2014 is a welfare legislation enacted to protect the
livelihood rights of urban street vendors while regulating street vending
activities in public places. he Act recognizes that street vending is a
legitimate economic activity. Authorities must follow:Survey requirements,
Notice procedures, Relocation procedures, Rehabilitation measures, before
eviction or removal.
3-Speedy justice through Tribunals with the help of experts in selected fields
Part IXV (A ) was added in the Constitution of India by way
of 42nd Constitution Amendment.In an attempt to bring reforms in functioning of Tribunal, Tribunals Reforms Act, 2021 was enacted . The
moot question is that the tribunal must
have a member of legal background. The reason being that justice is not about
the application of law simpliciter but it involves appreciation of facts and
law which is guided by principles of natural justice, doctrine of
proportionality , intelligible differentia
, doctrine of precent, principles of interpretation of statutes etc . All this
can not be expected from the expert member . In addition Appointment of tribunal members, Eligibility
criteria, Tenure, Reappointment, Service conditions, Executive control over
tribunals determines the independence of judiciary and structure of separation of
powers.The petition challenged the constitutional validity of several
provisions of the Tribunals Reforms Act, 2021 relating. The challenge was based
on earlier Supreme Court decisions in the Madras Bar Association series of
cases, where similar provisions in the Tribunal Rules and the Tribunal Reforms
Ordinance had already been struck down .This is popularly known as Madras Bar
Association case.
4-New Criminal laws
seeking justice not punishment
Bharatiya Nyaya Sanhita, 2023. replaced the Indian Penal Code,
1860 (IPC).For the first time, the BNS creates a specific offence of organized
crime.It covers:Criminal syndicates, Extortion rackets,Contract killings,Drug
trafficking,Organized economic crimes. The BNS introduces a specific offence of
terrorist act, bringing terrorism within the general criminal code. The BNS
specifically addresses murder or grievous hurt committed by a group on grounds
such as race, caste, community, sex, language, or personal belief. A major
innovation is the introduction of community service as a punishment for certain
minor offences.This punishment did not exist under the IPC. The BNS
specifically addresses murder or grievous hurt committed by a group on grounds
such as race, caste, community, sex, language, or personal belief.This is
commonly referred to as the anti-lynching provision
Bharatiya Nagarik Suraksha Sanhita, 2023. is India's new criminal procedure
law that replaces the Code of Criminal Procedure, 1973 (CrPC).Major Features of
BNSS includes Electronic FIR (e-FIR), Zero FIR Recognition.A Zero FIR may be
registered irrespective of territorial jurisdiction and later transferred to
the competent police station. Electronic Service of Summons.Summons, notices
and other court processes may be served through:Electronic communication,
Digital platforms, Other prescribed technological means. For offences
punishable with seven years or more, forensic investigation has been made
mandatory. Trial in Absentia-The BNSS introduces provisions allowing trial of
proclaimed offenders in certain circumstances even when they evade the judicial
process.
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