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Bills and Acts Compilation

CA Database

Subject: Polity LIsts: Bills & Acts, Compilation Status: Sorted Once

Acts

  • Child Labour Prohibition and Regulation Act, 1986

    Mentioned in the FIR

  • Juvenile Justice Care & Protection of Children Act, 2015

    From Sexual Offences Act in the FIR

  • Post Office Act, 1898

    Replaced the Post Office Bill, Section 9 empowers officers to intercept postal items in the state's interest.

  • Worship (Special Provisions) Act, 1991

    Section 4 prohibits changing the character of any place of worship.

    Petition to declare Section 4 of this act Ultra Vires in the Supreme Court.

  • Food Safety Act (FSA), 1990

    Sale of Meat & Egg - Food Safety Act: Regulations as per the food safety act.

  • Prevention of Money Laundering Act (PMLA), 2002

    • The Prevention of Money Laundering Act (PMLA), 2002 is an Indian law enacted in 2002 to prevent money laundering and related offenses.
      • Money laundering involves making illegally obtained funds appear legitimate or "clean" by integrating them into the financial system. Hence, statement 2 is correct.
    • It was enacted in a 2002 response to India’s global commitment (including the Vienna Convention) to combat the menace of money laundering. Hence, statement 1 is correct.
    • The Directorate of Enforcement (ED) is the primary authority responsible for investigating and prosecuting money laundering.
      • It functions under the Department of Revenue of the Ministry of Finance.
      • Recently, the Supreme Court has ruled that the ED cannot arrest someone under the PMLA simply for not responding to their queries and summons. Hence, statement 3 is correct.

  • Patents Act (PA), 1970

    • Focus: Section 3 of the Patents Act, 1970.
    • Section 3D: Requires inventions to demonstrate enhanced therapeutic efficacy.
    • Cases:
      • Nozymes vs. Assistant Controller of Patents and Designs (Section 3E).
      • Hong Kong and Shanghai University vs. Assistant Controller of Patents (Section 3I).
    • Emphasis: Need for bright-line rules for consistency in the patent office.

  • Representation of the People Act (RPA), 1951

    • Issue: Delisting of political parties with religious and caste denominations.

    • Decision: Delhi High Court ruled it cannot decide on this matter.

      Section 151.A of Representations of People Act: Mandates filling a vacancy through a bypoll within six months.

  • Citizenship Amendment Act (CAA), 2023

    Sec 6A 1955 Challenged - Contradicts Assam Accord of 1985, 25 March 1971

    1. Section 6A of the Citizenship Amendment Act (CAA) 1955 challenged by Indigenous Assamese group
    2. Timeframes for Indian citizenship under CAA 1955:
      • Before January 1966: Standard criteria.
      • Between January 1966 and March 25, 1971: Certain conditions need to be fulfilled.
      • Post-March 25, 1971: Considered as an illegal migrant.
    3. Indian citizenship on the basis of CAA 1955

  • Essential Commodities Act (ECA), 1998

    Wheat Stock Limit Portal: Entities not registered on the wheat stock limit portal will face punitive action under Sections 6 & 7 of the Essential Commodities Act 1998.

  • Surrogacy Regulation Act (SRA), 2021

    Addresses surrogacy for unmarried women, widows, and divorced women between 35 & 45, or infertile couples. The law permits altruistic surrogacy and requires the surrogate mother to be genetically connected to the surrogacy needing parents

    Delhi HC said that it could grow into a Billion Dollar Industry, DHC against Surrogact Industry.

  • Forest Regulation Act (FRA), 2006

    Challenges

    1. It is now working as a encroachment regularisation scheme
    2. Extremely slow and incomplete recognition of community rights

    Current Status

    1. Maharasthra Orissa and Chhattisgarh only states to recognise Forest rights substantially

    Static

    1. It was for
      1. FDST - Forest Dwelling Scheduled Tribes
      2. OTFD - Other Traditional Forest Dwellers

  • Unlawful Activities & Prevention Act (UAPA), 1967

    • Components: Penal Code and Foreign Contribution Regulation Act (FCRA), 2010.
    • UAPA: Unlawful Activities Prevention Act.
    • Key Sections: 13, 18, and 40 3D5 of UAPA.
    • Cases: Fahad Shah UAPA case & Vernon Gonsalves Case.
    • Section 16: Specifies punishments related to terrorist acts.
    • Associated Acts: Arms Act 1959, Foreigner Act 1946, Passport Act 1967, Citizenship Act 1955.
    • Section 38(2): Punishment for being a member of a terrorist organization.
    • Section 18: Penalty for conspiring to commit a terrorist act.
    • Section 43D(7): Bail restrictions for foreigners involved in terror activities.
    • Charge Sheet: Maximum duration for filing is 180 days.

  • Jammu & Kashmir Reorganisation Act (J&K RA), 2019

    1. Ladakh has Shia Majroity which wants to maintain relations with Valley
    2. Solution
      1. Disarmament and Demilitrisation of Area
      2. Soft Border Economy

    Background

    • Article 370: A form of asymmetric federalism and a temporary provision that granted special status to Jammu and Kashmir, allowing it internal sovereignty and special citizenship rights.
    • Article 35A: Worked in tandem with Article 370 to define the residents of the state and their special privileges.
    • Dissolution of Jammu and Kashmir Assembly: Occurred in 1957.

    Various Commentaries

    • Supreme Court's Stance: Upheld the validity of the abrogation of both Article 370 and Article 35A, indicating judicial deference.
    • President's Decision: Supported the removal of Article 370.
    • Pakistan's Response: Contends that the Supreme Court's decision has no legal value, planning to counter it via the UNSC Council.
    • RSS's Involvement: Passed 27 resolutions since 1950 advocating for the removal of Article 370.
    • Atal Bihari Vajpayee's Slogan: "Insaniyat, Jammu and Kashmir, and Kashmiriyat" aimed at promoting harmony in the region.

    Pros of Abrogation

    • Integration with Union: The Supreme Court suggested that permanent status of Article 370 would hinder the complete integration of Jammu and Kashmir with the rest of India.
    • Statehood and Elections: The proposal for the return of statehood to Jammu and Kashmir and conducting elections by September 30, 2024, can be seen as steps towards normalcy.
    • Vacant Seats in Local Bodies: The point about 12,000 vacant seats since 2018 indicates a need for political restructuring and representation.
    • Ladakh as Union Territory: The decision to make Ladakh a Union Territory is seen as a positive step for its development and governance.

    Cons of Abrogation

    • Loss of Special Status: The removal of Article 370 eliminates the unique status and autonomy that Jammu and Kashmir previously enjoyed.
    • Regional Tensions: The decision has been a point of contention between India and Pakistan, potentially escalating regional tensions.
    • Internal Conflict: The abrogation could lead to dissatisfaction and unrest among the residents of Jammu and Kashmir.

  • Electronic Cigarette Act (PECA), 2019

    • Categorization: Similar to tobacco products.
    • Various Names: Electronic nicotine delivery systems (ENDS), tank systems, e-cigs, e-hookahs, mods, vape pens, vapes.
    • Health Risks: EVALI (lung injury related to vaping), bronchiolitis obliterans.
    • Health Concerns: Inhalation of aerosols containing heavy metals like lead, nicotine.
    • Prohibition: Electronic Cigarette Act (PECA) 2019 by the Union Health Ministry.

Laws

  • Anti Defection Law - Schedule 10

    1. Beofre 2003 → 1/3rd Moved for Merger → Defection Does Not Occur - Removed after 91st CAA #dubai
    2. Concept of Defector, Floor Crossing
    3. Splits Followed by Merger

  • Human Trafikking Law

    1. Art 23 - Prohibits Human Trafikking & Begar
    2. ITPA - Immoral Traffic Prevention Act, 1956 - Primary Law for Preventing Sexual Exploitation for Commercial Sexual Exploitation
    3. Protection of Children from Sexual Offences (POCSO) Act, 2012 → enacted on children days 14 novemeber → gives Clear Defintion of Pentrative & Non Penetrative Sex

Bills

  • NCRB Data on Women
    • NCRB Data on Women: According to the Ministry of Home Affairs (MHA) in February 2023, domestic violence by husbands and relatives continues to be a major concern, even though overall crimes against women have decreased.
    • Women in Police Force: As of January 1, 2022, women constitute 11.7% of the total state police force.
    • Key Laws for Women’s Safety in India:
      1. The Immoral Traffic (Prevention) Act, 1956: Aims to prevent trafficking for commercial sexual exploitation.
      2. The Dowry Prohibition Act, 1961: Prohibits the giving or receiving of a dowry as part of the marriage process.
      3. The Commission of Sati (Prevention) Act, 1987: Outlaws the practice of Sati, in which a widow immolates herself on her husband’s funeral pyre.
      4. Protection of Women from Domestic Violence Act, 2005: Protects women from domestic violence, including physical, emotional, sexual, and economic abuse.
      5. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Addresses sexual harassment of women at the workplace.
      6. The Indecent Representation of Women (Prohibition) Act, 1986: Prohibits indecent representation of women through advertisements or in publications, writings, paintings, figures, or in any other manner.
  • Omni Bus Telecom Bill (OBT), 2023
    1. will replace the Telegraph Act of 1885, wireless telegraph act, 1933 and the telegraph wires unlawful position at 1950
    2. State Sponsored Snooping
    3. No Spectrum Bid
    4. Chapter 4 of the emergency powers gives government reunion powers. Section 19 F empowers the central government to notify standards and conformity assessment measure
    5. Non Acution Route for Spectrum
    6. National Security - Can take Control
  • Chief Election Commissioner Bill (CEC), 2023
    • Title: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill.
    • Background: Modification from the 1991 Act.
    • Appointment: ECs appointed by the President based on the recommendation of a selection committee.
    • Selection Committee Composition: Prime Minister (Chairperson), Leader of Opposition in the Lok Sabha, a Union Cabinet Minister nominated by the Prime Minister.
    • From Pool of : Secreatry of Central Gvoernment Bureaucrats
    • Salary and Conditions: Equivalent to the Cabinet Secretary, previously similar to a Supreme Court Judge.
    • Issues:
      • Lack of tenure security for ECs.
      • No set qualification criteria.
      • Unclear division of power between CEC and ECs.
      • Concerns about post-retirement appointments.
    • Dinesh Goswami Committee Reccomended : appointment of chief election Commissioner should be done by a committee which consist of the Prime Minister chief Justice of India and the leader of a position of Lok Sabha and the same was retreated by the Supreme Court under power of article 142