An Outline of Laws Enacted During the Modi Government's 12-Year Tenure (Part 3)

 

An Outline of Laws Enacted During the Modi Government's 12-Year Tenure (Part 3)

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-Prevention of Mismanagement of Waqf

Waqf (Amendment) Act, 2025. The amendment  substantially removes the doctrine of "waqf by user" and places greater emphasis on documentary proof and registration. Hence Reduces disputes regarding ownership,Prevents claims based solely on long usage.,Emphasizes title verification. Amendment seeks Digitization and Centralized Registration. It introduces broader representation in:State Waqf Boards ,Central Waqf Council including representation from diverse groups and specified non-Muslim members.It seeks protection of Women's Inheritance Rights, Protection of Tribal Lands, Appeals to High Courts which was absent in unamended Act . Key reforms include:Reduction of mandatory contribution payable by waqf institutions to Boards from 7% to 5%. ,Government-prescribed audits for specified waqf institutions. Greater financial accountability.The Supreme Court  Court stayed, inter alia:the requirement that a person must have practiced Islam for five years before creating a waqf. And certain provisions empowering executive authorities regarding disputed waqf property determinations and related revenue-record changes.

2-Ek Vidhan Ek Nishan Ek Pehchan 

J&K Reorganisation Act, 2019. The Act reorganized the former State of Jammu and Kashmir into two separate Union Territories:Jammu and Kashmir (with a Legislative Assembly) and Ladakh (without a Legislative Assembly) . Article 370: Article 370 which was passed in the year 1949 providing autonomy to Jammu and Kashmir region while functioning in Indian union. This article granted the State a separate constitution and limited the measure of the Indian Government’s control over issues unrelated to defence, foreigners, finance, and postal services. Article 370 was axiomatic to the Instrument of Accession signed in 1947 by the Maharaja of Kashmir, this agreement said that Jammu and Kashmir would accede to India.Article 35-A: Implemented in the year 1954 by a Presidential Order, the Article 35A empowers the legislature of the state to decide who is a ‘Permanent Resident’ of the state and to extend the rights and privileges to them. Article 35-A was made to safeguard the demographic profile of the state, which was a sensitive subject owing to the richness of the socio-political network of the region.

The Act was part of a broader constitutional process involving:Article 370  ,Article 35A (which ceased to operate) and Constitution (Application to Jammu and Kashmir) Orders, 2019.Supreme Court has upheld the ACT 2019 upholding the doctrine of asymmetrical federalism being the feature of the Constitution of India and declaring that Article 370 was temporary since beginning.

3-India Protecting minority persecution in the neighboring countries

Citizenship (Amendment) Act, 2019 . The Act was enacted to provide a special and expedited route to Indian citizenship for certain religious minorities who migrated to India from Afghanistan, Bangladesh, and Pakistan due to alleged religious persecution

The provision for granting citizenship under this Act—read in the context of Article 14 of the Indian Constitution—is intended for minority Hindus residing in Pakistan, Bangladesh, and Afghanistan who face persecution due to religious discrimination. These three nations are declared Islamic states; therefore, if an individual professing Islam residing there faces persecution at the hands of others belonging to the same faith, such treatment does not fall within the ambit of religious persecution. Consequently, two distinct categories emerge; the 2019 Amendment does not mandate equality for unequal individuals or groups, but rather guarantees the right to equality to those situated in similar circumstances.

The Act does not apply to:Tribal areas covered by the Sixth Schedule of the Constitution and   areas under the Inner Line Permit (ILP) system.Petitions challenging the Amendment before the Apex Court  has been  subcategorised in two groups pertaining to: (i) Assam and Tripura; and (ii) the rest of the States.

 

 

4-Protecting honest public officials from vexatious prosecution

THE PREVENTION OF CORRUPTION (AMENDMENT) Act , 2018  The amendment sought to:Strengthen anti-corruption laws. Criminalize bribery of public servants more comprehensively. Protect honest public officials from vexatious prosecution. Improve transparency and accountability in public administration. Bring Indian law closer to international standards.

 New section 17A was inserted  which covers . Enquiry or Inquiry or investigation of offences  relatable to recommendations made or decision taken by public  servant in  discharge of official functions or duties. Supreme Court  on Section 17(A) has pronounced  a divided view where Justice K V Viswanathan has held the said section legal and constitutional subject to the recommendation of  Lokayukt or Lokpal in the process of prior approval by competent authority  for the investigation .On the other Hand  Justice Nagarathna held  the said amendment  unconstitutional and illegal on the grounds that classification  made is unreasonable  also rejecting the role of Lokayukta or Lokpal .Upon perusal of the judgment both conclusions appears correct because both begin with the difference of the philosophical approaches. One believes that honesty needs no protection because honest shall emerge victorious. Other approach asserts that if honest public servants are subject to frivolous harassment it will demotivate honest public servants in making free and independence decision making.

No doubt honesty must be protected but under the garb of honest official dishonest officials can not be allowed to be breed corruption . More innovate approach to strike the balance shall serve the aim of protecting and respecting honest public official. The question remains to be answered : Agni Pariksha with or without statutory safeguards?    

 

5-Fight against Corruption

Benami Transactions (Prohibition) Amendment Act, 2016. Major Changes Introduced in 2016 Comprehensive Definition of Benami Transaction.The amendment expanded and clarified the meaning of benami transactions.The law now covers various arrangements involving:Fictitious names. Untraceable owners. Transactions where the apparent owner denies knowledge. Transactions where consideration is paid by another person for his benefit.