Category: Governance

Analysis of The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023

The Constitution defines Scheduled Tribes under Article 366 (25) as tribes or tribal communities
deemed to be Scheduled Tribes under Article 342. Article 342 empowers the President, after
consultation with the Governor, to specify tribes or tribal communities as Scheduled Tribes
through public notification for a particular State or Union territory. Parliament, through law, can
include or exclude tribes from this list.1 The initial list of Scheduled Tribes was notified in 1950
and has been modified over time.

Analysis of The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023

Scheduled Castes are defined in Article 366(24) of the Constitution as those castes, races, tribes,
or groups deemed under Article 341 to be Scheduled Castes (SC). Article 341 empowers the
President, in consultation with the Governor, to specify through public notification the castes,
races, tribes, or groups considered Scheduled Castes for a particular State or Union territory.
Additionally, Parliament has the authority to include or exclude any caste, race, tribe, or group
from the Scheduled Castes list through legislation, but once specified in a notification, it cannot
be altered by subsequent notifications.1

Analysis of The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023

Analysis of The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 To provide reservation to women in Lok Sabha, State Legislative Assemblies, and Legislative Assembly of NCT Delhi Background Even after 76 years of independence and equal political rights to all, India continues to witness a paltry representation of women in both the Parliament and […]

The Dental Commission Bill, 2023

The National Dental Commission Bill of 2023 aims to update the Dentists Act of 1948, taking into
account the advancements made in dental education since that time. The aim of the new
legislation is to improve and revitalise the field of dentistry by repealing the Dentists Act of
1948 and dissolving the Dental Council of India.
The Act of 1948 was an overarching legislative framework governing dental education,
profession, and ethical conduct in the country. Its primary points included allowing the
government authorities to approve the creation of dental colleges, broadening the scope of
higher education in this field, and increasing the number of students who could enrol.

The Jan Vishwas (Amendment of Provisions) Bill, 2022

In the context of the Department for Promotion of Industry and Internal Trade (DPIIT)
recognizing the need for decriminalization of minor, technical, and procedural defaults, the Jan
Vishwas (Amendment of Provisions) Bill, 2022, was introduced as a result of a draft cabinet note
by the department. This Bill aims to amend 183 provisions across 42 Acts administered by 19
Ministries/Departments.

The National Research Foundation Bill, 2023

India has come a long way from being a purchaser and importer of science and technology to
investing in devising its own. The country has a pool of skilled manpower with scientific vigor
and caliber. However, the higher educational institutions (HEIs) in India lack orientation for
research. The Prime Minister’s Science, Technology, and Innovation Advisory Council reports
that only less than 1% of higher education institutions (HEIs) indulge in research. Even among
those 1 % of HEIs that are responsible for the majority of scientific innovation, various factors
hinder the conduct of high-quality research. 1

The Mines and Mineral (Development and Regulation) Amendment Bill, 2023

The exploration and mining of minerals in India have long been hindered by a complex
process requiring multiple permits and licenses. To address this issue and promote ease of
doing business in the mining sector, the Indian government has proposed amendments in
2015, 2016, 2020, and 2021 to the Mines and Minerals (Development and Regulation) Act.
However, more reforms are needed to increase exploration and mining of critical minerals
essential for India’s economic development and national security.

The National Nursing and Midwifery Commission Bill, 2023

The National Nursing and Midwifery Commission (NNMC) Bill, 2023 was first proposed by the
Government of India in November 2020 and is getting introduced by the Ministry of Health and
Family Welfare (MoHFW) in the Parliament during this Monsoon Session. The Bill proposes to
remove the currently governing Indian Nursing Council (INC) Act, 1947, and replace it with a
National Nursing and Midwifery Commission. The INC Act currently is responsible for ensuring the
educational standards, minimum entrance requirements, and prescribing curriculum for nursing
courses.

The Digital Personal Data Protection Bill, 2023

According to the United Nations Conference on Trade and Development (UNCTAD), an
estimated 137 out of 194 countries have established legislation to secure the protection of data
and privacy of its citizens. The current statistics show that 61% of African countries (33
countries out of 54) and 57% of Asian countries (34 countries out of 60) have data protection
laws, while only 48% of Least Developed Countries (22 out of 46) have data protection and
privacy laws.1

The Government of National Capital Territory of Delhi (Amendment) Bill, 2023

The Central Government notified the Government of National Capital Territory of Delhi
(Amendment) Ordinance, 2023 in May to implement provisions for exercising its
administrative powers in the UT of NCT of Delhi. This Ordinance will now be
introduced, and considered during the Monsoon Session of the Parliament, as the
‘Government of National Capital Territory of Delhi (Amendment) Bill, 2023’.