NEW DELHI: 2023 was marked by the introduction of many pivotal laws which reshaped various aspects of the country's governance. Among the foremost were three groundbreaking bills which replaced the colonial-era statutes- the Indian Penal Code(IPC) of 1860, The code of criminal Procedure(CrPC) of 1973, and the Indian evidence Act of 1872.
Beside these at least 34 bills were passed during the year.
Here are the 10 most important bills passed in 2023.
New criminal laws
Introduced during Parliament's monsoon session in August by the Narendra Modi government, these transformative legislations—the Bharatiya Nyaya Sanhita (BNS 2023), Bharatiya Nagarik Suraksha Sanhita (BNSS 2023), and Bharatiya Sakshya Bill (BSB 2023)—were envisioned to revamp the
criminal justice system
. Home Minister Amit Shah underscored their intent to replace laws perceived as relics safeguarding British interests.
After being tabled in the parliament, the three bills were referred to 31-member Parliamentary Standing Committee for review. This panel, headed by BJP MP Brij Lal adopted its report on the bills on November 7, with opposition parliamentarians pointing out several errors and recommending more than 50 changes.
Eventually the bill was withdrawn and re-introduced in the winter session, which received Presidential assent on December 25.
However, there is no clarity about a specific date on which new laws will be enforced yet. According to the government notification, They “shall come into force on such date as the central government may, by notification in the Official Gazette, appoint”.
Nari Shakti Vandan Adhiniyam
Also introduced during the monsoon session, this bill reserves a third of total seats for women in all the legislative assemblies. This bill also includes reserved seats for SCs and STs in Lok Sabha and State legislatures.
Passed by an overwhelming majority, the provisions of this bill are unlikely to see the light in the upcoming general elections as it will only come into force after the delimitation of constituencies which will be based on a population census that hasn't been announced yet.
The reservations are introduced for 15 years from the date of commencement of the Act.
Chief Election Commissioner & Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill
First tabled during the monsoon session, this bill says that The chief election commissioner and other election commissioners will be appointed by the president upon the recommendation of a selection committee which will comprise the Prime Minister, The Leader of Opposition in Lok Sabha, and a Union cabinet minister.
First introduced during the monsoon session, this controversial bill overturned a Supreme Court order from March 2023, When a five-judge constitution bench held that a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India would advise the President on ECI appointments. This judgement came on a 2015 PIL challenging the constitutional validity of the practice of appointing members of the ECI.
This bill has now omitted the role of CJI from the selection process. The bill got its assent from President Murmu on December 28.
Government of National Capital Territory of Delhi (Amendment) Bill, 2023
The Government of NCT of Delhi (Amendment) Bill was introduced to counter a Supreme Court judgment delivered in May. The ruling acknowledged the elected Delhi government's authority over administrative services in the National Capital Region.
This empowered the AAP-led government under Arvind Kejriwal to exercise executive and legislative control over various services, even those not recruited by them but allocated by the Union of India. However, a subsequent ordinance issued by the central government established the National Capital Civil Service Authority (NCCSA), comprising the elected Chief Minister of Delhi, the government's chief secretary, and the principal secretary of the home department.
This ordinance was challenged by the Delhi government in the Supreme Court and referred to a Constitution bench in July. Meanwhile, the Government of National Capital Territory of Delhi (Amendment) Bill seeks to supplant the ordinance, with retrospective application from May 19, the date the ordinance was enacted.
The Digital Personal Data Protection Act, 2023
A watershed moment arrived with the Digital Personal Data Protection Act, 2023, marking India's first data protection legislation. While it introduced several rights for data principals, it notably lacked provisions addressing data portability and the right to be forgotten, raising pertinent concerns.
The Digital Personal Data Protection Act, 2023, applies to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised. It also applies to the processing of digital personal data outside India, if such processing is in connection with any activity related to the offering of goods or services to data principals — that is, the person to whom the data relates — within India.
The bill was passed after the opposition members staged a walkout over the Manipur issue.
The Telecommunications Bill, 2023,
The Telecommunication bill was tabled in the Lok Sabha by the Communications Minister Ashwini Vaishnaw amid din over Opposition demanding statement by Home Minister Amit Shah on the Parliament security breach issue.
The bill seeks to replace the Indian Telegraph Act 1885, the Indian Wireless Telegraphy Act 1933, and the Telegraph Wires (Unlawful Possession) Act 1950. Among other things, it requires the central government’s authorisation to establish and operate a telecommunication network, provide telecommunications services, or possess radio equipment.
In addition, the law also allows any officer authorised by the central government to search a premise or vehicle, if they have reason to believe that unauthorised telecommunications equipment or network used to commit an offence is kept or concealed.
Critics claim the bill extends colonial laws to ensure a digital authoritarian state.
The Post Office Bill, 2023
In an effort to modernize India Post's operations, the Post Office Bill replaces the antiquated Indian Post Office Act of 1989. One of its notable provisions is the authorization for article interception transmitted via India Post.
However, this provision has faced criticism for perpetuating colonial-era practices, prompting concerns about potential encroachment on fundamental rights.
The J&K Reorganisation (Second Amendment) Bill, 2023
This bill amends the Jammu and Kashmir Reorganisation Act of 2019, intending to reserve one-third of elected seats in the Jammu and Kashmir Legislative Assembly for women, SCs, and STs. However, its implementation hinges upon the completion of a census and a subsequent delimitation exercise, akin to the women’s reservation bill.
The Forest (Conservation) Amendment Bill, 2023
The Forest (Conservation) Amendment Bill, passed during the Monsoon Session of Parliament and granted presidential assent in August, has sparked controversy. This legislation amends the Forest (Conservation) Act of 1980, altering the scope of land application and exemptions.
Critics argue that certain provisions could potentially endanger erstwhile protected forests near international borders or Line of Control (LoC). The law exempts certain types of land within a hundred kilometers of India’s borders from forest protection. It allows diversion of forest land for "strategic linear projects" of national importance and security within this boundary.
This redefinition of the term "forest" under Indian law is a stark contrast to the previous law, which extended protections for clearances to any forest land. This has raised concerns about conservation efforts and potential environmental consequences. Additionally, the law exempts land recorded as forest before October 25, 1980, but not officially classified as forest, and land that changed from forest-use to non-forest-use before December 12, 1996.
The Cinematograph (Amendment) Bill, 2023
Introduced in July, the Cinematograph (Amendment) Bill seeks to amend the Cinematograph Act of 1952. It substitutes the 'UA' category with UA 7+, UA 13+, and UA 16+, aiming to address film piracy by imposing penalties ranging from three months to three years imprisonment for unauthorized recording or exhibition of films.
Notably, the bill proposes perpetually valid film certificates, deviating from the original ten-year validity.
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