This year Government has passed many landmark Bills including CAA, revocation of Article 370, etc. While some Bills were praised the other Bills gained a huge controversy; the latest being the CAA. Here we've listed all the Civil Bills that have been passed by the Government in the Parliament in 2019:
# Citizenship (Amendment) Act
The Citizenship Amendment Bill was introduced in Lok Sabha on December 9, 2019, by Amit Shah (Minister of Home Affairs) and was passed on the same day in Lok Sabha i.e., December 9, 2019. The Bill was passed in Rajya Sabha on December 11, 2019. This Act regulates the Citizenship Act of 1955.
Provisions of the Act are as follows:
1- According to the Act, the illegal migrants from three countries (Pakistan, Afghanistan and Bangladesh) will no longer be treated as illegal migrants provided that they have entered into India on or before 31st December 2014.
2- The Act aims to provide a path to Hindu, Sikh, Buddhist, Jain, Parsi and Christian religious minorities from the above-mentioned countries on the basis of religious persecution.
3- Illegal migrants from the Muslim community are not eligible.
4- The Act is not applicable to the tribal areas of Karbi Anglong (Assam), Garo Hills (Meghalaya), Chamka District (Mizoram) and Tripura Tribal Areas District.
5- It is not applicable to the states regulated by the ‘Inner Line Permit’ under the Bengal Eastern Frontier Regulation, 1873 as it regulates the visit of Indians to Arunachal Pradesh, Mizoram, Nagaland, and Manipur.
6- Upon acquiring citizenship, the person will be a citizen of India from the date of his/her entry into India and all the legal proceedings against them (illegal migration or citizenship) will be closed.
7- The Act has reduced the period of naturalization of the above-mentioned people from 6 to 5 years.
Who is defined as Illegal migrants?
An illegal migrant is a foreigner who enters in India without valid travel documents (passport/ Visa), enters with valid documents but stays beyond the expiry of permitted time.
What is Inner Line Permit?
Under the Bengal Eastern Frontier Regulation, 1873, Inner Line Permit is an official document issued by the state governments of Arunachal Pradesh, Mizoram, Nagaland, and Manipur to Indian Citizens to allow inward travel into these protected areas for a limited period.
How to obtain Citizenship in India?
The Citizenship Act, 1955, describes 5 conditions to acquire citizenship of India:
1- Citizenship by Birth
2- Citizenship by Descent
3- Citizenship by Registration
4- Citizenship by Naturalization
5- Citizenship by incorporation of territory
# Arms (Amendment) Act
The Arms (Amendment) Bill was introduced in Lok Sabha on November 29, 2019, by Amit Shah (Minister of Home Affairs) and was passed in Lok Sabha on December 9, 2019, and in Upper House i.e., Rajya Sabha on December 10, 2019. The Bill aims to amend the Arms Act, 1959.
Provisions of the Act are as follows:
1- Under the Act, a license must be obtained to acquire, possess or carry a firearm.
2- A person can only have one firearm.
3- Excess firearms shall be deposited to the officer-in-charge of the nearest police station or with a licensed firearm dealer as specified within a year.
4- If the owner of the firearm is a member of the armed forces, then he can deposit the firearm with a unit armory with a time period of a year.
5- The excess firearms within 90 days from the expiry of one year will be delicensed.
6- Under the Act, the duration of the validity of a firearm has been extended to 5 years (previously 3 years).
7- It bans manufacturing, sale, use, transfer, conversion, and testing of firearms without a license.
8- It also prohibits a shortening of firearm barrel or imitation of firearms without a license.
9- Members of Rifle Clubs/ associations are allowed to use any firearm for target practice instead of using only air rifles.
10- If found dealing in un-licensed firearms, shortening or imitation, import/export then under the Act the person may serve the minimum punishment of seven years to life term imprisonment with fine.
11- It also punishes dealing with prohibited firearms.
12- If the usage of prohibited firearms results in the death of a person then the guilty will either serve life imprisonment or death sentence with a fine.
13- If a person forcefully takes firearms from police or armed forces, then he liable to serve jail term between 10 years to life imprisonment with fine.
14- Ceberatory gunfires have been banned under this Act keeping in mind the safety of human life and is a punishable offense with a jail term up to 2 years or one lakh rupees, or both.
15- It also defines illicit trafficking (trade, acquisition or sale of firearms in or outside India). It is a punishable offense between 10 years to a lifetime with a fine.
# The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act
The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill was introduced in Lok Sabha on November 26, 2019, by Amit Shah (Minister of Home Affairs) and was passed in Lok Sabha on November 27, 2019, and on December 3, 2019, in Rajya Sabha. The purpose is to merge Union Territories of Dadra & Nagar Haveli, Daman & Diu into a single Union Territory.
Provisions of the Act are as follows:
1- It amends the First Schedule of the constitution to merge two UTs into one. The merged territory will be known as UT of Dadra and Nagar Haveli and Daman and Diu.
2- The Act amends the First Schedule to the Representation of the People Act, 1950 and provides two Lok Sabha seats to the merged Union Territory. Previously, it was one seat in the Lok Sabha to each of the Union Territories.
3- People employed in connection with the affairs of existing UTs will serve the merged UT and the central government will allot people for the service of the merged Union Territory.
4- However, the members of All India Services and people on delegation from any state will remain unaffected by these provisions.
5- As per the Act, Bombay High Court will continue to provide Jurisdiction to the merged UT.
# The Special Protection Group (Amendment) Act
The Special Protection Group (Amendment) Bill was introduced in Lok Sabha on November 25, 2019, by Amit Shah (Minister of Home Affairs) and was passed in Lok Sabha on November 27, 2019, and in the Upper House i.e., Rajya Sabha on December 3, 2019. It amends the Special Protection Group Act of 1988.
Provisions of the Act are as follows:
1- After the amendment, the SPG will provide security to the Prime Minister and his immediate family members.
2- This Act will also provide the security for a year to the former Prime Ministers and their immediate family members from the date on which they ceased to hold the office.
3- The SPG security will also be provided based on the threat level i.e., threat either from a military or terrorist organization or will be of a grave and continuing nature.
4- If SPG security is withdrawn from a former Prime Minister, it will also be withdrawn from his immediate family members unless the level of threat meets the criteria decided by the Central Government.
What is SPG?
SPG is the highest tier of security in India which came into force in 1985 after the assassination of Prime Minister Indira Gandhi by her bodyguards in 1984. Initially, it provided the security to the Prime Ministers and his immediate family members but after the assassination of Prime Minister Rajiv Gandhi in 1991, SPG Act was amended to offer protection to all former Prime Ministers and their families for a minimum period of 10 years.
# The Jammu and Kashmir Reorganization Act
The Jammu and Kashmir Reorganization Bill was introduced in Rajya Sabha by Amit Shah (Minister of Home Affairs) on August 5, 2019, and was passed on the same day in Rajya Sabha i.e., August 5, 2019. A day later on August 6, 2019, it was passed in Lok Sabha. It aims to reorganize the state of Jammu and Kashmir into the UT of Jammu and Kashmir and UT of Ladakh. It revoked the Special Status given to the State of J&K under Article 370 of the Indian Constitution.
Provisions of the Act are as follows:
1- It reorganizes the state of Jammu and Kashmir into UT of Jammu and Kashmir having a legislature and UT of Ladakh without a legislature.
2- UT of Ladakh will have Kargil and Leh districts and the UT of Jammu and Kashmir will comprise the remaining territories of the state of Jammu and Kashmir.
3- The UT of J&K and the UT of Ladakh both will be administrated by the President through an administrator appointed by him for the UTs respectively.
4- The Legislative Assembly of Jammu and Kashmir will have a total of 107 seats, out of which, 24 seats will remain vacant on account of areas under POK.
5- Under this Act, seats will be reserved in Assembly for SC and ST with proportion to their population in the UT of J&K.
6- The Assembly will have a term of 5 years and the appointed Lt. Governer must summon the Assembly once in 6 months.
7- The Assembly has the power to make laws for UT of J&K in the matters specified in the State List of Constitution and in the matters specified in the Concurrent List applicable to UT.
8- The UT of J&K will have a council of Ministers to advise Lt. Governor on the matters to make laws. The Council of Ministers will not have more than 10% of the total number of members in the Assembly.
9- The High Court of J&K will serve as the common High Court for UTs of Ladak and J&K respectively.
10- The Legislative Council of the state of J&K will be dissolved and all the pending Bills in the Council will lapse as well.
11- The Central Government will appoint Advisory Committees to divide assets & liabilities of the state of J&K between two UTs, issues related to water and electricity and the State Financial Corporation. These committees are advised to submit their reports within 6 months and within 30 days the Lt. Governor of J&K must act on it.
12- The Schedule lists 106 central laws that will be applicable to UTs of J&K and Ladakh respectively. In addition to this, it repeals 153 state laws and only 166 state laws of J&K will remain in force.
13- Seven laws will be applicable after the amendments.
What is Article 370?
Article 370 of the Indian Constitution gave the state of J&K a special status under which the state had its own constitution and administrative autonomy. In addition to this, Indian Citizens from other states were not allowed to purchase land or property in the state.
# The Jammu and Kashmir Reservation (Amendment) Act
The Jammu and Kashmir Reservation (Amendment) Bill was introduced in Lok Sabha on June 24, 2019, by Amit Shah (Minister of Home Affairs) and was passed in Lok Sabha on June 28, 2019, and in the Upper House i.e., Rajya Sabha on July 1, 2019. It amends the Jammu and Kashmir Reservation Act of 2004. It aims to provide reservations in state government posts and admission to professional institutions for certain reserved categories.
Provisions of the Act are as follows:
1- The Act provides reservation in appointment and promotions in certain state government posts to socially and educationally backward classes including people living in the areas adjoining LoC (Line of Control) and the International Border.
2- Any person appointed on the basis of residents living in the areas adjoining the Line of Control or International Border, must serve in such areas for a minimum period of seven years.
3- Any person earning an annual income of more than 3 Lakh rupees, would not be included in the Socially and Educationally Backward Classes. However, this exclusion will not apply to the people living in areas adjoining the Actual Line of Control and the International Border.
# The Jammu and Kashmir Reservation (Second Amendment) Bill
The Jammu and Kashmir Reservation (Second Amendment) Bill was introduced in Rajya Sabha on August 5, 2019, by Amit Shah (Minister of Home Affairs) and was passed in Rajya Sabha on the same day (August 5, 2019). However, it was withdrawn by the government in Rajya Sabha on August 7, 2019. It was withdrawn as the laws providing the quota to the economically backward class are now applicable to the UTs post repeal of special provisions under Article 370.
# The Unlawful Activities (Prevention) Amendment Act
The Unlawful Activities (Prevention) Amendment Bill or UAPA was introduced in Lok Sabha on July 8, 2019, by Amit Shah (Minister of Home Affairs) and was passed in Lok Sabha on July 24, 2019, and in Rajya Sabha on August 2, 2019. It amends the Unlawful Activities (Prevention) Act of 1967.
Provisions of the Act are as follows:
1- Under this Act, the Central Government may declare an organization as a terrorist organization if it either prepares, commits, participates, promotes or is in any way involved in terrorism.
2- It can also declare a person as a terrorist provided that the person fulfills the above-mentioned grounds.
3- A prior approval of the DG of Police is required by the investigating officer to seize properties connected to terrorism.
4- If the investigation is carried out by an officer National Investigation Agency(NIA), then a prior approval would be required from the DG of NIA before seizing such property.
5- The Act empowers the officers of NIA of Inspector rank or above to investigate such cases.
6- The Schedule lists consist of nine treaties that define the terrorist acts and the Bill has added a new treaty as The International Convention for Suppression of Acts of Nuclear Terrorism (2005).
# The National Investigation Agency (Amendment) Act
The National Investigation Agency (Amendment) Bill was introduced in Lok Sabha on July 8, 2019, by Amit Shah (Minister of Home Affairs) and was passed on July 15, 2019, in Lok Sabha and on July 17, 2019, in Rajya Sabha. It amends the National Investigation Agency (NIA) Act, 2008.
Provisions of the Act are as follows:
1- The Act specifies a list of offenses that can be investigated and prosecuted by NIA including offenses such as Atomic Energy Act (1962), UAPA (1967). In addition to this, NIA can investigate and prosecute in the offenses related to human trafficking, counterfeit currency or banknotes, manufacture and sale of prohibited arms, cyber- terrorism and offenses listed in the Explosive Substances Act (1908).
2- Under the Act, the officers of the NIA will have the power to investigate scheduled offenses committed outside India. In these cases, the Special Courts in New Delhi will have jurisdiction.
3- It also allows the Central Government to constitute the SPecia;l Courts for the offenses listed in the Schedule. In addition to this, the central Government must consult the Chief Justice of High Court under which the Session Court is functioning before declaring it as a Special Court. In the case of having more than one Special Court in an area, the senior-most judge will distribute the cases among the courts.
# The Protection of Human Rights (Amendment) Act
The Protection of Human Rights (Amendment) Bill was introduced in Lok Sabha on July 8, 2019, by Amit Shah (Minister of Home Affairs) and was passed on July 19, 2019, in Lok Sabha and on July 22, 2019, in Rajya Sabha. It amends the Protection of Human Rights Act, 1993.
Provisions of the Act are as follows:
1- Chief Justice or a Judge of the Supreme Court is eligible to become the chairperson of the National Human Rights Commission (NHRC).
2- Three people having knowledge of Human Rights will be appointed as the members of NHRC out of which at least one member must be a woman.
3- Chief Justice or Judge of the High Court will be eligible to become chairperson of the State Human Rights Commission (SHRC).
4- Under the Act, the chairperson and members of both NHRC and SHRC will hold the office up to 3 years or till the age of retirement provided whichever is earlier. It also allows the reappointment of the members of NHRC and SHRC for a period of 5 years and removes the 5 year limit for reappointment.
5- The Secretary-General and Secretary will exercise all administrative and financial powers except the judicial ones subjected to the chairperson’s control of NHRC and SHRC respectively.
6- The Central Government may confer SHRC related to Human Rights functions by UTs, but in the case of Delhi it will be dealt with by the NHRC.
Below listed are the Civil Bills that were passed by the Government in 2019:
1- Citizenship (Amendment) Act
2- Arms (Amendment) Act
3- The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act
4- The Special Protection Group (Amendment) Act
5- The Jammu and Kashmir Reorganization Act
6- The Jammu and Kashmir Reservation (Amendment) Act
7- The Jammu and Kashmir Reservation (Second Amendment) Bill (Passed but Withdrawn)
8- The Unlawful Activities (Prevention) Amendment Act
9- The National Investigation Agency (Amendment) Act
10- The Protection of Human Rights (Amendment) Act
