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IMPORTANT RECENT LEGISLATIONS OF 2019

1. The Constitution (One Hundred and Twenty-Fourth Amendment) Bill, 2019


The Constitution (One Hundred and Twenty-Fourth Amendment) Bill, 2019 was the first bill
that was passed in the Rajya Sabha in the year of 2019. It was introduced by Thaawar Chand
Gehlot, the Minister of Social Justice and Empowerment, on January 8, 2019. This bill aims
at providing reservation for the economically weaker sections of the citizens. Under this law,
the government may introduce reservations upto 10% in public employment and educational
institutes. The term “economically weaker sections” has not been defined and the groups will
be notified by the government in a timely manner. According to law, this reservation is in
consonance with Article 15 and 16 of the constitution. This reservation shall be in addition to
other reservation policies already introduced for the Scheduled Castes, Scheduled Tribes and
OBCs.The Government of India, has introduced this bill for the welfare, advancement and
potential benefit to the “economically weaker sections” of citizens.

2. The Muslim Women (Protection of Rights on Marriage) Bill, 2019

This Act had its birth as an Ordinance which was promulgated in February 2019.. After the
lapse of the said ordinance, the bill was introduced on June 21, 2019 by ​Mr. Ravi Shankar
Prasad. The law declares that talaq-e-bidat or commonly known as triple talaq is illegal. The
law prescribes that talaq given in any format, either oral,written or even in electronic form is
void and illegal, and the marriage will continue. ​Thus, the current triple talaq law or the
Muslim Women Protection of Rights of Marriage Act has criminalised the the practice of
triple talaq. It prescribes a punishment of three years for such talaq and arrest in such cases
can be made without warrant. Further the accused can only get bail in the presence of his wife
and at the magistrate's discretion. Further, there is also a provision for allowance given to the
wife for subsistence.

3. The Aadhaar and Other Laws (Amendment) Bill, 2019

The Aadhaar and Other Laws (Amendment) Bill, 2019 is replacing the ordinance which was
promulgated in March 2019. The present bill was introduced on June 24, 2019 by Ravi
Shankar Prasad. This act creates a system for uniquely identifying any individual based on a
12 digit number called the Aadhar number, their fingerprints and iris scans. After the act was
passed, it was required by citizens to mandatorily link bank accounts and mobile numbers
with aadhar cards. However, after the Supreme Court’s decision in ​K.S. Puttaswamy v Union
of India,​ it struck down the rule of mandatory linking and upholding the right to privacy.
Thus, the bill amends the aadhaar act, the telegraph act and the prevention of money
laundering act. The bill makes three major changes; it allows aadhar to be used as well other
ids issued by the government such as passports that can be linked to bank accounts and
telephone connections. Secondly it allowed an offline identification, i.e. without biometric
verification. Thirdly, it allows enrolled children to opt out when they come of age.

4. The Jammu and Kashmir Reservation (Amendment) Bill, 2019

The present Act was introduced by Amit Shah in the Lok Sabha on June 24, 2019. It replaces
the ordinance promulgated in March 2019 and seeks to amend the ​Jammu and Kashmir
Reservation Act, 2004​. The law aims at providing reservation to socially and educationally
backward classes​. According to the Act, ​socially and educationally backward classes means
those people who are living in areas near the Line of Control as well as the international
border. Further, there is an economic limit imposed on this class. The person seeking
reservation must not not have an annual income of more than three lakh rupees. The
Reservation extends to admissions in institutes, medical colleges, polytechnics and state
government jobs.this reservation is applicable both in appointment and promotions.

5. The Central Educational Institutions (Reservation in Teachers' Cadre) Bill, 2019

The present bill has also replaced the ordinance which was promulgated in March 2019. The
present bill was passed on ​July 03, 2019 by Ramesh Pokhriyal Nishank. The Bill provides for
reservation in teaching posts, in centrally administered educational institutes. The reservation
has been provided for Scheduled Castes, Scheduled Tribes, economically weaker sections,
and economically backward classes. The bill however, excludes minority educational
universities. Reservation shall apply in all positions of the same level. This reservation shall
apply only for direct recruitment.

6. The National Investigation Agency (Amendment) Bill, 2019

The present law aims at amending the ​National Investigation Agency (NIA) Act, 2008. The
act prescribes for a national level agency which is empowered to investigate and conduct
prosecution for offences under Scheduled Offences, which are listed under the Act. this list
includes offences under Unlawful Activities Prevention Act, Atomic Energy Act, 1962,
Explosive Substances Act, 1908, cyber-terrorism, offences related to counterfeit currency or
bank notes, etc. It also increases the jurisdiction of the NIA officers as they would be vested
with the same powers as that of police officers. It also aims at creating and establishing
special courts for trial of the offences which are investigated by NIA.

7. The Motor Vehicles Amendment Act, 2019

The bill was introduced on July 15, 2019 by N​itin Gadkari.​The bill amends the Motor
Vehicle Act, 1988. It addresses various issues of road safety, brings changes in registration
and licensing mechanisms related to motor vehicles and also brings in policies and schemes
related to various aspects of road transport. The bill provides for various mechanisms for
compensation to road accident victims such as cashless treatment during golden hour, i.e. one
hour following the accident. Further, the government also may make provisions to ensure that
the victim is providing interim relief in third party insurance cases. The government is also
mandated to create a ​Motor Vehicle Accident Fund, which would provide insurance which is
compulsory to all accident victims.

8. The Consumer Protection Bill, 2019

This act was introduced on July 8, 2019 by Ram Vilas Paswan in the Lok Sabha. The bill
replaces the older act, i.e. Consumer Protection Act, 1986. The government replaced the act
to cater to the growing need of enhanced consumer protection and advent of online retail and
shopping. It defines a consumer as “​a person who buys any good or avails a service for a
consideration​.” Thus, it excludes goods and services which are for commercial sale or resale
of goods. The Act prescribes rights of the consumer(6) and a three tier redressal
commissions. It also introduces a concept of product liability which means that the
manufacturer of a good is liable for compensating a consumer for any injury caused by the
damaged product.

9. The Unlawful Activities (Prevention) Amendment Bill, 2019

This act was introduced on July 8, 2019 by Amit Shah in the Lok Sabha. The bill is an
amendment to the 1967 Act. It prescribes procedures to deal with terrorism and terrorist
activities. It provides that the central government is empowered to designate any organisation
as a terrorist organisation, if it promotes, prepares, participates or commits terrorism. An
individual can also be designated as a terrorist on the above mentioned grounds. Further it
provides for other procedural safeguards and investigation techniques and guidelines that can
be used by police or the NIA to investigate terrorsim cases.

10. The Transgender Persons (Protection of Rights) Bill, 2019

Transgender Persons (Protection of Rights) Bill, 2019 was introducedon July 19, 2019 by
Thaawarchand Gehlot. It finally passed in the winter session of the parliament on November
26, 2019. The act provides for the definition of transgenders as “ o​ne whose gender does not
match the gender assigned at birth​.” It prohits discrimination agaisnt transgender persons in
the feild of healthacre, education, jobs, residence etc. Further, it provides that such a person
can avail a certificate from District Magistrate to state that he/she is a transgender. It also
imposes an obligation of the government to include them in welfare schemes and formulate
such schemes for the improvement and welfare of such persons.

11. Right to Information (Amendment) Bill, 2019

It was introduced on July 19, 2019 by Jitendra Singh in the Lok Sabha. The bill removes
provisions and amends certain portions of the Act of 2005. The government is now
empowered to notify the term of the Chief Information Commission and the Information
Commission, the two designated authorities at national and state level. Thus, the term of their
offices is determined by the Central government. Further, it empowers the government to fix
salaries and such allowances and perks associated with the office.

12. The Jammu and Kashmir Reorganisation Bill, 2019

The Jammu and Kashmir Reorganisation Bill, 2019 was on August 5, 2019 by Amit Shah in
the Rajya Sabha. The act aims at reorganising the state of Jammu and Kashmir into two
separate territories, first being the Union Territory of Ladakh and the second being the union
territory of Jammu and Kashmir. Ladakh would be designated as Union territory and would
include the districts of Leh and Kargil. The state of Jammu and Kashmir will have the
remaining districts. Ladakh would be governed by a Lieutenant Governor, who would
function as an administrator under the President of India. However, there would be a 107
member legislative assembly. The government is also empowered to issue advisory
committees for various issues such as water and electricity distribution, finance corporation
etc.

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