One of the most turbulent and high-stakes Winter Sessions of the Indian Parliament in recent memory concluded on December 22. This session witnessed the passing of 18 bills, the unprecedented suspension of 146 Opposition Members of Parliament (MPs), the expulsion of another Opposition MP, and a significant breach of security on the 22nd anniversary of a terror attack on India’s Parliament in 2001.
The suspension of 146 lawmakers stemmed from the security breach that occurred during the session. Five individuals entered the Parliament complex, raising slogans and deploying gas canisters. Two of them managed to enter the lower house of Parliament before being apprehended. This incident raised concerns about security lapses, especially on the anniversary of the deadly 2001 terror attack.
Consequently, a standoff between the Opposition and the Government ensued. The Opposition demanded a statement from Union Home Minister Amit Shah regarding the breach. When the Speaker refused, a motion was passed to suspend MPs who were engaging in disruptive behavior. This led to the suspension of 146 MPs, predominantly from the I.N.D.I.A bloc of opposition parties. The suspended MPs held protests against their suspensions in New Delhi.
The Winter Session was not without further controversy. Several laws, including the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act, were passed with minimal debate due to the absence of a significant portion of the Opposition. Critics argue that these new legislations contain regressive provisions, such as criminalizing false promises to marry a woman and reintroducing the controversial provision of sedition.
Additionally, the newly enacted Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, faced backlash for reconstituting the Committee responsible for selecting election commissioners. The exclusion of the Chief Justice of India from the panel raises concerns about potential executive dominance in future appointments.
The Telecommunications Act, 2023, which replaced the Telegraph Act, 1885, also raised concerns. It lacks procedural safeguards against intercepting private communications and grants executive power to take over telecommunications in the name of national security, potentially infringing on citizens’ right to privacy.
The Post Office Act, 2023, introduced Section 9, allowing the government to intercept packages in the interest of national security and foreign relations. Similar to the Telecommunications Act, this provision poses a threat to privacy and confidential communications.
Furthermore, Mahua Moitra, an Opposition MP, was expelled by the Parliament Ethics Panel, prompting criticism of procedural irregularities and a violation of natural justice.
The Winter Session was marked by contentious bills and mass suspensions, raising concerns about the erosion of constitutional rights. The impact of these developments on the upcoming general election to Lok Sabha remains uncertain. India has witnessed significant changes to its electoral democracy and institutions, but it will ultimately be up to the voters to determine the consequences of these recent events.
In light of the session’s events, questions arise about the motive behind the security breach and the need for increased vigilance in safeguarding one of the country’s most vital buildings. The simultaneous institutional changes happening within the Parliament chambers warrant scrutiny, as they have the potential to impact citizens’ rights and democratic processes. As the new year begins, it remains to be seen how these developments will shape India’s political landscape in the run-up to the 2024 general election.
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