Parliament passed a Bill to set up an independent and autonomous regime for institutionalised domestic and international arbitration in India.
The New Delhi International Arbitration Centre (NDIAC) Bill, 2019, which seeks to replace an ordinance issued in March 2019 by the previous Government, was passed by Rajya Sabha. Lok Sabha had passed the Bill earlier in July 2019.
The Bill provides for setting up an independent and autonomous regime for institutionalised domestic and international arbitration and to acquire and transfer undertakings of International Centre for Alternative Dispute Resolution to the New Delhi International Arbitration Centre with effect from March 2, 2019.
The Upper House also passed the amendment in the Arbitration and Conciliation (Amendment) Bill Act, 2019 that seeks to make changes in the existing law of 1996.
It would now go to Lok Sabha. The Bill was earlier cleared by LS in August 2018 but could not be passed by RS. The Bill lapsed following the dissolution of the 16th Lok Sabha.
Jul 18, 2019
Major Changes in Transgender Bill
Under fire from rights activists and opposition parties, the Modi government has brought major changes to the draft Transgender Persons (Protection of Rights) Bill. If passed by Parliament, a person would be recognised as transgender by self-identification and not through a tedious process of convincing a screening committee.
The Bill is likely to be introduced in Parliament next week (July 2019). The Centre has brought two major changes to the draft.
The social justice and empowerment ministry has scrapped a section that required formation of a district screening committee (comprising a chief medical officer, social welfare officer, psychologist, transgender community representative and a government nominee) for recognition of transgender persons.
Now, a person would be identified as transgender through self-identification and a certificate would be issued by the district magistrate.
The proposal for the screening committee had come under a lot of flak as activists pointed out it would require submitting to a medical examination and intrusive questioning. It also went against the right to self-identification, a key right that the Supreme Court had protected.
Govt to Bring New Model Law for Water Reforms
The Narendra Modi government is drawing up a legislative package for water-sector reforms, including a model law aimed at managing what has become the scarcest resource in over a third of the country's districts.
Discussions are on at Jal Shakti, as the water resources ministry is now called, to bring a model law on water resources regulatory mechanisms to be set up by each state government, as the onus of replenishing water resources falls squarely in the states' domain, according to a constitutional division of jurisdictions.
The law is likely to be called the model water resources regulatory authority bill and only Maharashtra has such a body functioning since 2005.
Parts of Chennai have gone without piped water for several months now. The city's crisis was aggravated when Tamil Nadu received 55% less rains during the so-called winter monsoon in December 2018, according to weather bureau data.
The government also plans to bring a second model law stipulating legal provisions for re-using and recycling water. Model laws are passed by the central government to offer a framework for states to legislate in areas where they have exclusive control, such as water.
Finance minister Nirmala Sitharaman announced a "Jal Jeevan Mission" in Budget 2019-20 to provide potable water to every rural household by 2024, in step with the government's larger thrust on water conservation and providing safe drinking water to all parts of the country.
A model law for water-sector regulatory authorities at the state level is likely to cover issues such as dispute resolution, regulating supply at the time of crisis, water entitlement rights and regulation of bulk users. Legal provisions will also apply on processes for mandatory recycling and re-use of water.
Amendments to the Companies Act
The government recommended several amendments to the Companies Act, including penalty on companies that do not meet the mandated 2% spending requirement towards corporate social responsibility (CSR) and "fit and proper" criteria for debarring directors from holding board positions.
The move is a fallout of the IL&FS scandal, where the government was forced to supersede the board and take control but realised that it can do little to bar the disqualified directors, including some top names of the corporate sector, from holding board positions as the new Companies Act did not provide for such as action.
As a result, it has decided to go back to the Companies Act 1956, which allowed the Centre to not just seek the removal of persons concerned with the management of a company and suspected of "fraud, misfeasance, persistent negligence or default in carrying out his obligations under the law or breach of trust", but also bar them from being appointed board members for five years from the date of removal.
Under the new law, the government will have to move an application before the National Company Law Tribunal.
The move to introduce a penalty on companies not meeting the CSR obligation was inserted as over 40% of the entities were not complying with the requirement, with close to a fifth not spending any money. Companies have been given five years now.
More Power to NIA
Indian Parliament approved a legislation that grants more power to the National Investigation Agency (NIA), including the mandate to probe terror attacks on Indians and their properties in other countries.
The National Investigation Agency (NIA) Amendment Bill, piloted by union home minister Amit Shah, was cleared by the Rajya Sabha, where most opposition parties, barring the Left, supported the legislation. The Lok Sabha has already approved the bill.
The latest amendments will enable NIA to additionally investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber- terrorism, and offences under the Explosive Substances Act, 1908.
National Medical Commission Bill Approved
The Union Cabinet approved the National Medical Commission Bill, 2019 that allows the setting up of a medical commission in place of the Medical Council of India (MCI) and the repeal of the Indian Medical Council Act, 1956.
The Bill is likely to be introduced in the current session of Parliament. It was first introduced in Parliament in December 2017, but lapsed with the dissolution of the 16th Lok Sabha.
According to the provisions of the Bill, the common final-year MBBS exam will be known as the National Exit Test (NEXT) and will act as the licentiate exam to practise medicine, as criteria for admission to post graduate (PG) medical courses and for screening foreign medical graduates.
The NEXT will also be applicable to institutes of national importance such as the All India Institutes of Medical Sciences in order to have a common standard in medical education in the country.
The Bill proposes that the National Medical Commission will have four autonomous boards: under-graduate medical education board, post-graduate medical education board, medical assessment and rating board and ethics and medical registration board.
The NMC and the boards will ensure a dynamic and modern educational environment, achieving the norms in global standards.
Jul 17, 2019
Rajya Sabha Passes AERA of India (Amendment) Bill
The Rajya Sabha passed a Bill allowing the Airports Economic Regulatory Authority of India (AERA) to bid out any new airport at a pre-determined tariff structure.
As per Civil Aviation Minister Hardeep Singh Puri, as many as 16 airports will be in the purview of AERA. All other airports continue to be looked after by the Civil Aviation Ministry.
Currently, major airports with an annual capacity to handle one-and-a-half million passengers come under the purview of Airports Economic Regulatory Authority of India (AERA).
If the amendment is passed by Parliament, the definition of major airports would be changed to any aerodrome which has or is designated to have annual passenger capacity of three-and-a-half million.
Jul 16, 2019
Bill for More Power to NIA
The Union government secured Lok Sabha's approval for an amendment that gives the National Investigation Agency (NIA) more powers, following a fierce debate in which opposition lawmakers alleged the provisions had greater potential for misuse while ministers called the changes crucial in the fight against terrorism.
NIA was formed as a federal unit to investigate and prosecute cases of terrorism following the 2008 Mumbai attacks.
The National Investigation Agency (Amendment) Bill, 2019, which would need Rajya Sabha clearance, would give the agency jurisdiction over several more crimes, allow it to investigate incidents that have taken place abroad, and attach properties of suspects without having to wait for local police.
Jul 13, 2019
First State to Come Up with Water Policy
Amid a drought scare in half of India, Meghalaya is all set to become the first state in the country to have a proper water policy.
The state Cabinet approved the draft water policy after an elaborate presentation and detailed discussion at a meeting chaired by Chief Minister Conrad K. Sangma.
The objective of the policy is to recognise water resources as a common pool resource, to provide safe and hygienic water for drinking, domestic and sanitation and livelihood development to all residents of the state.
The policy was prepared in consultation with the stakeholders and that it would be formally notified shortly.
It also aims at ensuring protection and conservation of catchment areas of all water sources to prevent degradation of the quantity and quality of water sources and promote principle of 3R's – reduce, recycle and reuse, besides enhance resilience to disasters and the impacts of climate change.
Lok Sabha Passed the Central Universities Bill
The Lok Sabha passed the Central Universities (Amendment) Bill, 2019 with a voice vote to establish a central university and a tribal university in Andhra Pradesh.
The bill, which also seeks an amendment to the Central Universities Act, 2009, was introduced by Minister for Human Resource Development Ramesh Pokhriyal.
Participating in the debate on the Bill, Congress MP K. Suresh claimed that percentage of expenditure on education had been reduced under the NDA government while YSR Congress Party's L.S. Krishna Devarayalu urged that more funds be allocated towards building of Central universities and research programmes in these universities.