PRS Parliament Diary

Winter Session of
Parliament

December 18, 2013

 

Lok
Sabha and Rajya Sabha both adjourned
 sine die today,
two days ahead of schedule.

This
session was the worst session of the 15th Lok Sabha after the Winter Session
2010.  Lok Sabha worked for 4 hrs and 31 minutes, which was 6% of the
scheduled time, and Rajya Sabha for 11 hrs and 24 minutes (19% of the scheduled
time).

According to data compiled by PRS Legislative Research, both Houses of the
Parliament lost 88 percent of the total available time to
disruptions (This calculation is made based on the 12 sittings the
Parliament was supposed to sit for in the 2013 Winter Session, even though they
adjourned sine die on the 10th sitting).
 

Lok
Sabha adjourned in the afternoon after passing The Lokpal and Lokayuktas Bill,
2013, as passed by the Rajya Sabha. The Lok Sabha also passed 
The
National Institutes of Technology, Science Education and Research (Amendment),
Bill 2013
 without
any discussion. 
 

Six
Bills were introduced in the Session, only the Lokpal Bill was passed by both
Houses. 126 Bills are now pending in Parliament. 54
Bills are pending in Rajya Sabha and 72 Bills are pending in Lok Sabha.
 All the Lok Sabha Bills will lapse at the time of its dissolution.  
 
 

The
Lokpal and Lokayuktas Bill, 2013 was amended by the Rajya Sabha before passing.
Lok Sabha today approved the amendments made by Rajya Sabha. 
The
Bill as passed, with amendments, can be seen here.
 

Some of the amendments made to the Bill include:
 

·  
Before investigation by
any agency (including the CBI) where  there exists a  prima facie
case, the Lokpal shall call for the explanation of the public servant so as to
determine whether there exists a prima facie case for investigation. 

·  
However seeking of
explanation from the public servant before an investigation shall not interfere
with the search and seizure, if any, required to be undertaken by any agency
(including the CBI).

·  
Any officer of the CBI
investigating a case referred to it by the Lokpal, shall not be transferred
without the approval of the Lokpal.

·  
The CBI may, with the
consent of the Lokpal, appoint a panel of Advocates, other than the Government
Advocates, for conducting the cases referred to it by the Lokpal.

·  
The Central Government
may from time to time make available such funds as may be required by  the
 Director  of  the CBI for conducting effective investigation
into the matters referred to it by the Lokpal and the Director shall be
responsible for the expenditure incurred in conducting such investigation.

·  
Lokayukta: Every State
shall establish a body to be known as the Lokayukta for the State within a
period of one year from the date of commencement of this Act.A Directorate of
Prosecution will be created in the CBI which will be headed by a Director who shall
be an officer not below the rank of Joint Secretary to the Government of India,
for conducting prosecution of cases under this Act.

·  
The Director of
Prosecution shall function under the overall supervision and control of the
Director.

·  
The Central Government
shall appoint the Director of Prosecution on the recommendation of the Central
Vigilance Commission.

·  
The Director of
Prosecution shall notwithstanding anything to the contrary contained in the
rules relating to his conditions of service, continue to hold office for a
period of not less than two years from the date on which he assumes office.

The Constitution (Amendment) Bill, 2013 – relating to
India-Bangladesh Land Boundary Agreement, was also introduced in the Rajya
Sabha today.

The six Bills introduced in the Winter Session are:

 

The
Constitution (119th Amendment) Bill, 2013

Implements the
India-Bangladesh Land Boundary Agreement, 1974 and Protocol to the Land
Boundary Agreement, 1974.

The
Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2013

Includes a community
from Tamil Nadu and two communities from Chhattisgarh in the list of
Scheduled Tribes.

The
Coal Regulatory Authority Bill, 2013

Establishes an
independent regulator for the coal sector to regulate and conserve coal
resources and protects the interests of consumers and producers of coal.

The
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Amendment Bill, 2013

Broadens the
definition of atrocities and establishes Exclusive Special Courts to try the
offences against SCs and STs.

The
Assam Legislative Council Bill, 2013 

Provides for the
creation of a Legislative Council in the State of Assam.

The
Readjustment of Representation of Scheduled Castes and Scheduled Tribes in
Parliamentary and Assembly Constituencies (Third) Bill, 2013

Replaces an ordinance
to provide for readjustment of seats in Lok Sabha and State Legislative
Assemblies by the Election Commission.

 

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