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7 February
2017
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Parliament (The Total Investment & Insurance
Solutions)
It
takes an average of 261 days for a parliamentary law to come into force, according
to a report by Vidhi Centre for Legal Policy, a think-tank. The Total Investment & Insurance Solutions
The
report analysed 44 laws enacted by Parliament between 2006 and 2015 and
calculated the average number of days between a law receiving presidential
assent and coming into force.
More
than half of the laws analysed entered into force within six months.
After
receiving presidential assent, implementation of the law requires two more
steps. First, the government must bring it into force through notification in
the Official Gazette. The second step -- which is not essential but integral to
the practical working of the law -- is the framing of rules. Most laws require
rules in accordance with the law -- for its implementation -- approved by the
legislature, before they are presented to each house of parliament.
"Most
members of Parliament (MPs) are unaware of how long it takes for rules to be
framed for bringing a law into force," Shashi Tharoor, MP from
Thiruvananthapuram, said in an email interview to IndiaSpend. "Though the
rules are supposed to be tabled in Parliament, they are almost never discussed.
So, they pass by unnoticed among the welter of other papers laid on the table
by ministers." The Total Investment
& Insurance Solutions
As
many as 92 hours of Lok Sabha disruption cost India Rs 144 crore during the
10th session of the current Lok Sabha, which ended on December 16, 2016.
The
delay in implementing the laws is an issue of betraying public expectations
rather than wasting taxpayer's money, added Tharoor. The Total Investment & Insurance Solutions
"The
public sees from media reporting that a law has been passed or changed, and naturally
expects that what they have read in the newspapers is the new reality. It is
wrong to keep them waiting for 261 days to adjust to what they are told is the
law of the land," Tharoor said.
The
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act
2015 took 311 days (more than 10 months) to get implemented.
The
Bill was passed by the Lok Sabha on 11th May, 2015 and the Rajya Sabha on 13th
May, 2015.
As
many as 644 declarations of undisclosed foreign income and assets were received
under this act, and Rs 2,428 crore was collected in taxes. Ninety per cent of
the collection came from five per cent of declarations, according to reports.
Another
important bill, the Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefits and Services) Act, 2016, was passed in the budget session
of the Parliament (in March 2016) but the notification of its provisions began
only in September after the Unique Identification Authority of India (UIDAI)
received statutory backing and the regulations under the Act were notified. The Total Investment & Insurance Solutions
The
UIDAI was constituted in 2009 but that was through an executive notification
issued by the erstwhile Planning Commission. It received statutory backing
after the Aadhaar Act, 2016, was enacted. The
Total Investment & Insurance Solutions
The
bill was introduced as a money bill by the Bharatiya Janata Party (BJP), which
generated outrage among the opposition parties. The Total Investment & Insurance Solutions
A
money bill can only be introduced in the Lok Sabha, or the lower house. The
Rajya Sabha, or the upper house, can recommend changes to a money bill.
However, these aren't binding and, if the lower house rejects the suggestion,
the bill is automatically passed.
Supreme
Court judge Madan B. Lokur had criticised the government in March 2016 for
delaying the implementation of the Juvenile Justice Act 2015. The Total Investment & Insurance Solutions
"I
would imagine that before you come out with the Act, you have to have the rules
in place," Justice Lokur told The Hindu. "Such a view would apply to
any law. You have got to get everything in place." The Total Investment & Insurance Solutions
Of
the five laws that took the longest time to be implemented, 1,249 days elapsed
between the Carriage By Road Act 2007 receiving presidential assent and the
first set of rules being framed.
It
was introduced in the Parliament in December 2005 but got approval from the Lok
Sabha and Rajya Sabha in September and August 2007, respectively, according to
PRS Legislative, a think-tank. The Total
Investment & Insurance Solutions
The
Manual of Parliamentary Procedure in India has recommended a time limit of 15
days for framing rules, after publication of approval in the official gazette.
Such rules are called subordinate legislation and may be referred to as rules,
regulations, bye-laws, orders, and notification. The Total Investment & Insurance Solutions
However,
only 34 per cent (15 of 44 laws analysed) adhered to the time limit, while 49
per cent of laws took 15-60 days in the Lok Sabha and 56 per cent in the Rajya
Sabha.
The
time taken to present the rules before each house was calculated from the date
they were published in the official gazette (if the house was in session) or
from the date the next session began (when the house was not in session). The Total Investment & Insurance Solutions
"Once
a bill is passed, political leaders tend to move on to the next urgent issue,
leaving such issues of detail to officials to work out. It is possible that the
bureaucrats tasked with the writing of rules are themselves overburdened or
distracted by other duties -- I don't know -- but if so, remedies must be found
to increase their number and ensure that the completion of this task is
accorded due priority," said Tharoor. The
Total Investment & Insurance Solutions
Two
rules (National Commission for Protection of Child Rights Rules, 2006 before
the Lok Sabha and Science and Engineering Research Board Rules, 2010 before the
Rajya Sabha) faced delays of 174 and 166 days, respectively.The Total Investment & Insurance Solutions
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