New Delhi – The Central government has announced the inclusion of 18 Bills for consideration and passage during the upcoming winter session of Parliament, scheduled to be held from December 4 to 22. Among the significant legislation on the agenda are three Bills aimed at replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. The proposed Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Bill 2023 seek to replace these key criminal laws.
Introduced in the Lower House of Parliament on August 11, the Bills underwent review by the Standing Committee on Home Affairs. Union Minister Amit Shah emphasized the need for these replacements, stating that the existing Acts were designed to serve British colonial rule and focus on punishment rather than justice. The Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Bill 2023 aim to protect the rights of Indian citizens as enshrined by the Constitution, through a justice-focused approach.
The Committee’s report was submitted on November 10, 2023, and subsequently forwarded to the Speaker, Lok Sabha, after being presented to the Chairman, Rajya Sabha.
In addition to the criminal law legislation, the government has included a range of other important Bills for introduction in Parliament. These include The Boilers Bill, 2023; The Provisional Collection of Taxes Bill, 2023; The Central Goods and Services Tax (Second Amendment) Bill, 2023; The Jammu and Kashmir Reorganization (Amendment) Bill, 2023; The Government of Union Territories (Amendment) Bill, 2023; The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023; and The Central University (Amendment) Bill, 2023.
Another crucial Bill to be considered during the winter session pertains to the appointment and conditions of service for the Chief Election Commissioner and other Election Commissioners. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, introduced during the Monsoon session, includes provisions regarding the transaction of business by the Election Commission. It proposes that the President appoint the Election Commissioners based on the recommendations of a panel chaired by the Prime Minister and comprising the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
It is important to note that this Bill has the potential to reverse the Supreme Court’s March 2023 judgment, which mandated the appointment of Election Commissioners by the President on the advice of a panel comprising the Prime Minister, Leader of the Opposition, and the Chief Justice of India. Until such a law is enacted, the Supreme Court’s prescribed procedure will remain in effect.
Parliamentary Affairs Minister Pralhad Joshi has called for an all-party meeting on December 2, ahead of the winter session, as a means to engage with stakeholders and foster dialogue. The session aims to address various legislative business and will conclude on December 22.
The forthcoming winter session of Parliament promises significant legal deliberations as the government seeks to modernize and advance the Indian legal system. The proposed replacement of key criminal laws and other important Bills demonstrate an earnest commitment to justice and the protection of citizens’ rights.
