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INDIA


accountability and objectivity in the appointment of the Judges in the Supreme Court and High Courts.


During the discussion on the Bill in Parliament, the Minister stated that the Parliamentarians have always held the institution of Judiciary in highest esteem. There had been four attempts for Constitutional amendments and seven recommendations of various Committees over the years, all emphasising that the collegium system of appointment of Judges needed to be changed. While the Parliamentarians respected the independence of Judiciary, the supremacy of Parliament was also equally important. Members from all sections of the House welcomed the measures and expressed agreement on the fundamentals. The short title of the Bill was changed to the Constitution (Ninety-ninth Amendment) Bill 2014 and it was passed along with the National Judicial Appointments Commission Bill 2014 by Lok Sabha on 13 August 2014 and by Rajya Sabha on 14 August 2014. Since amendments sought to make changes to the Constitution under in Chapter IV (Union Judiciary) and Chapter V (The High Courts in States) the Bill was also ratified by the States of the Indian Union. Both the Bills were assented to by the President of India on 31 December 2014.


The Citizenship (Amendment) Bill 2015


The Citizenship Act, 1955 provides for the acquisition and determination of Indian citizenship, after the commencement of the Constitution by birth, descent, registration, naturalisation and citizenship by incorporation of territory and for renunciation, termination and deprivation of citizenship under certain circumstances.


The Citizenship Act has been amended from time to time making enabling provisions for the registration of Overseas Citizen of India Cardholders, conferment of certain rights on such citizens, renunciation of overseas citizenship and cancellation of registration as Overseas Citizen of India Cardholders.


The Government felt a need for amending the Citizenship Act, 1955 owing to certain lacunae which were noticed during the implementation of the law. The Citizenship (Amendment) Bill 2015 brought about several amendments to the Citizenship Act, 1955 including: the definition of an Overseas Citizen of India Cardholder; providing for the Registration of Overseas Citizens of India; conferment of rights on overseas citizens of India; renunciation of overseas citizenship; and the provision for the cancellation of registration as overseas citizen of India. The Bill also relaxes the period of twelve months as resident of India or in the service of a Government in India specified as one of the qualifications for grant of certificate of naturalisation by a period up to a maximum of thirty days which may be in different breaks. During the discussion on the Bill in both the Houses of Parliament, there was near unanimity among Members in welcoming the measure as a timely initiative. Members extending support to the Bill observed this to be a long-pending demand of the Indian diaspora in the world. It was noted that Non-Resident Indians living abroad are no less patriotic than an


The Motor Vehicles (Amendment) Bill 2015 Under the Motor Vehicles Act, 1988, no-one can be granted a learner’s licence to drive a transport vehicle unless he has held the driving licence for a period of at least one year.


Drivers of e-rickshaws and e-carts do not have a licence and so the existing legislation will debar them from operating e-rickshaws/e-carts for a year. In order to remove this difficulty, the Government proposed amending the Motor Vehicles Act, 1988 to give provisions for e-rickshaw and e-cart drivers only. The Motor Vehicles (Amendment) Bill 2015 was introduced to define an e-cart or e-rickshaw to mean a special purpose battery powered vehicle of power not exceeding 4,000 watts, having three wheels for carrying goods or passengers.


During the discussion on the Bill in both Houses of Parliament the measure was welcomed as an initiative to provide employment to innumerable people who had been upgraded from the manually pulled rickshaws to be electric powered three-wheeled vehicles. The Bill was passed by Lok Sabha on 3 March 2015 and by Rajya Sabha on 11 March 2015. The Bill as passed by both Houses of Parliament was assented to by the President of India on 19 March 2015.


Indian living in the country and the Non-Resident Indians contribute a lot to the country especially in terms of foreign exchange earnings. Merging of the two statuses (People of Indian Origin and Overseas Indian Citizens Cardholders) had been welcomed as this facilitates ‘hassle free’ travel to India and avoidance of needless problems at the immigration counters at various airports. Some Members expressed apprehension over the likely misuse of discretionary powers by the executive. Furthermore, some apprehensions were also expressed with regard to the interests of Tamils in Sri Lanka; Hindus coming from Pakistan and Bangladesh. In response, the Minister of Home Affairs clarified by stating that this measure emanated from a commitment made by the Prime Minister of India to the fact that OIC facility would be made available on the Pravasi Bharatiya Diwas on 9 January to commemorate the 100th anniversary of Mahatma Gandhi’s return from South Africa to India on 9 January 1914. The Minister acknowledged the tremendous contribution from Persons of Indian Origin across the globe to the growth of the country and that the Government wishes to accord proper status to every Person of Indian Origin living across in more than two hundred countries. The Bill was passed in Lok Sabha on 2 March 2015 and in Rajya Sabha on 4 March 2015. The Bill as passed by both the Houses of Parliament was assented to by the President of India on 10 March 2015.


The Parliamentarian | 2015: Issue Two | 131


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