Parliament Winter Session Day 13 | Lok Sabha passes three revised criminal laws; RS returns CGST Act Amendments

The Upper House is adjourned for the day to meet again at 11 a.m. on December 21. 

We want to remove “any colonial residue of the past” by introducing this Bill, the Finance Minister responds after discussion on the Provisional Collection of Taxes Bill, 2023. 

The Finance Minister puts the Bill for consideration and passing n the Upper House. The Bill is returned through voice vote.

After the CGST (second amendment) Bill, 2023 was returned by the Rajya Sabha, Finance Minister Nirmala Sitharaman moves the Provisional Collection of Taxes Bill, 2023 in the Upper House. Discussions begin on the Bill. Rajya Sabha’s proceedings extended beyond 6 p.m. to clear listed business.

“It was a simple amendment but a very important one,” says Finance Minister Nirmala Sitharaman. Ms. Sitharaman says, “the age limits for appointments of both judicial and technical members of the GST committee had to be aligned with the rest of the tribunals, 67 and 70 respectively for the member and the chairperson, had to be addressed. Advocates with 10 years of experience in the courts will also be eligible to be appointed — it was a fair suggestion from the Supreme Court, so we agreed it should come through.” 

“Member Amar Patnaik had raised the issue of an authority for advanced authorisation, She says, adding, “it is provided for in the central GST law and section 101a does speak about it. But it is also equally true that it is not yet set up and the importance of setting it up is what the Member has highlighted. GST is still evolving. We recognise the concern of the member.”

Responding to vacancies in the tribunal, she says, “sooner we will be filling up many vacancies.” However, she adds, “it is not easy to find people. Especially technical people, and also retired judicial officials. There are only a certain number. Even if you fill all of them in, there are still vacancies lying there.”

Responding to Sushil Modi, the former Finance Minister of Bihar, she says the GST council had elaborate discussion on “risk profiling before input tax credit is given or restricting claims”. 

On the need for more GST appellate branches, the Finance Minister says it is in the hands of the State governments. “We provide as per their demands,” she says, adding, “for example, Maharashtra asked for three appellate and we provided three.”

Speaking on Tamil Nadu rains, she says rescue teams have been deployed across the State. “The first instalment of Central share of the STRF for the current year (2023-24) had already bee released earlier. And the second instalment of 450 crore has also been released on 12th December 2023. So, the Central government is not in any way forgetting to provide timely relief,” Ms. Sitharaman says. 

On bringing petrol and diesel under GST, she says, “I wish the State governments see the point. Eventually, customers will pay less tax if the GST is brought in. Overlapping and doubling of tax will not be there.”

She puts the Bill for cosnideration and the Central Goods and Services Tax (second amendment) Bill, 2023 is passed in the Rajya Sabha through voice vote. The Bill is returned through voice vote. 

With most Opposition MPs suspended from the Lower House for the session, the Lok Sabha passes the Telecommunications Bill, 2023 via voice vote. Lok Sabha has been adjourned till Thursday, 11 AM

Speaking in support of the Bill, BJP MP from Hazaribagh Jayant Sinha lists the five structural changes in the Telecommunications Bill, 2023 - Do Not Disturb user protection has been implemented, Network, Radio and usage defined. OTT kept outside the law’s ambit. Spectrum has been reformed, Network security standards have been revised and strengthened, Dispute resolution has been revamped and the Government can use the network in case of emergency

Nominated BJP MP Rakesh Sinha says the biggest advantage of GST is that formalisation of unorganised sector has happened. GST was India’s reverse Brexit moment.

BJP Rajya Sabha MP from Maharashtra, Dhananjay Bhimrao Mahadik echoes Arun Singh’s comments and says number of mobile manufacturing companies, DMAT accounts are increasing. Spending capability of Indians has improved, he says. 

He requests the Finance Minister to bring petrol and diesel to bring under GST as well. “Centre has tried to implement it, but States where BJP are not ruling, the governments are creating a hurdle,” he claims.

Naresh Bansal says the provision in the amendment that allows the companies to challenge a tribunal’s decision will help reduce the burden on the High Courts. Earlier, the companies had to go to the High Court, but now they can challenge in the tribunal itself, he says. 

He also asks the government to bring petrol, diesel under GST.

Union Electronics and Information Technology minister Ashwini Vaishnaw moves the Telecommunications Bill, 2023 in the Lok Sabha for debate and passage. Terming it a Bill catering to today’s needs, he says, “On a day when three colonial era criminal laws have been repealed and replaced, we are bringing one other such law which repeals 138-year old British the Indian Telegraph law and replaces it with the Telecommunications Bill, 2023. If the Opposition had been here, it would have been a great debate. But they do not have such mentality”.

Read: Omnibus Telecom Bill

Speaking on the CGST (second amendment) Bill, BJP Rajya Sabha MP Arun Singh says, “the GST collection has increased, enabling the government to work for the poor. Because the government has money, infrastructure is also improving. Be it highways, waterways, number of airports, metro trains in different cities, everything is improving.” 

“The world’s perception about India has changed and everyone is looking at India as an economic power. India will become the third largest economy in Narendra Modi’s third term,” he says. 

He says that the conditions of the banks have also improved under the Modi government in the last nine years. The number of start-ups have also increased tremendously, he says. “There were 50 start-ups during the UPA rule, today there are 90,000,” he says, adding, “imagine how much employment they must be providing.”

Answering queries on the amendments, Mr. Shah says, “Mercy petition can be filed only those who accept guilt. Terrorism has been defined under CrPC and UAPA must be used in appropriate cases”. He also assures that these laws will not create a police state till BJP is in power. 

He adds, “We have kept technological advancements in mind and framed a law which uses such tools for the next 100 years”. 

Mr. Shah urges the House to pass the amended criminal laws and tables them. SAD MP Harsimrat Kaur Badal keeps speaking in background seeking mercy petition to be allowed to be filed by relatives of aggrieved party. Chair admonishes her. 

Via voice vote, the amendments are considered and the three criminal laws - Bharatiya Nyaya (Second) Sanhita Bill, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and Bharatiya Sakshya (Second) Bill, 2023 are passed.

Talking about the clauses in the bills which cut down time delay, Mr. Shah says, “Doctors have been excluded from accidental death. Within filing complaint, FIR has to be registered within three days. Initial investigation must be done within 24 hours and filed in court. Chargesheet has to be filed within 180 days.” He also added that undertrials who are first-time offenders can be bailed out after 1/3rd of the jail sentence and half the time of the sentence.

E-FIRs, mandatory forensic study of evidence and reduced time frame of trial, zero FIR at any police station, intimation of arrested individuals to family are some of the clauses in the new bills, says Shah.

Congress leader Rahul Gandhi on Wednesday told reporters, “There is no discussion on Adani, no discussion on Rafale, no discussion on unemployment. Our MPs are disheartened and sitting outside. But you are discussing that (mimicry)...”

Mr. Shah explains that the laws mandate audio-visual recordings of rape victims, police accountability has been upped by mandating keeping a record of arrested people in every police station and that no court is allowed to dismiss a case without hearing victim’s statement. He adds that sedition has been changed to making it criminal to speak against India and not the ruling government. 

“This nation’s security is supreme. Anyone can criticise the government, including ours. BNS Bill does not talk about government but the nation’s sovereignty, unity and separatism,” says Mr. Shah. He adds that the laws have brought the crimes against humans at higher priority before the government and that certain crimes have been made gender-neutral to include male victims.

Citing GST’s merits, ruling party MPs are chastising the Opposition’s narrative which framed GST as the ‘Gabbar Singh Tax’. If anything, ‘gabbar’ comes from the word ‘gabru’, which means the tax has nourished the economy, said BJP leader Ajay Pratap Singh.

Dr. Anil Bonde of Maharashtra further called it a “ Garib Sahayita Tax,” implying that the GST Act is pro-poor people.

Listing the features of the bills, Mr. Shah says, “This bill punishes mob lynching with the death penalty. Mr. Chidambaram kept asking me what of mob lynchers. He does not understand BJP and our mentality. Why did you not penalise mob lynching during your rule? If one’s mind is Indian, you will understand the laws. If it is Italian, you won’t”. 

Asserting the three laws were based on justice, transparency and fairness, Mr. Shah says, “This is the first government which has fulfilled the promises it has mentioned in its manifesto. We have revoked Article 370, remove AFSPA in most north-eastern areas, build a Ram Temple in Ayodhya, repeal triple talaq and give 33% reservation to women in Parliament”. 

Read | Revised criminal law bills: Key changes explained

Issuing a statement on the revised criminal bills, Home Minister Amit Shah says, “IPC was aimed to punish not mete out justice. Similarly, the CrPC has been replaced with the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. Opposition asks what is the change? If they read you will know the changes are from the dead to the living”. 

He adds, “These laws were framed by a ruler to keep its colony enslaved. But the new laws are Indian and are aimed at meting out justice to all rather than punishing them”. He noted the changes suggested by the many MPs during the debate. 

“For the first time, the criminal justice system will have humanity. Till we repeal these old laws, we are still following laws made by the UK government. We still use English words like Her Majesty, British kingdom, the Crown, barrister, ruler after 75 years of independence,” says Mr. Shah adding, “These laws prioritise crimes against women and children, human rights, border security, army etc.” 

BJP MP Pragya Singh Thakur says, “We were slaves of colonial mindset for past 75 years inspite of being independent. Today, we are free as the laws have been named Indian rather than penal code. 

Talking about her own experience under the CrPC, she adds, “I was tortured for 13 days under this colonial law. So many saints were harassed under this. This law is Indian, for Indians and by Indians”. 

The Lok Sabha is debating the three criminal laws - Bharatiya Nyaya (Second) Sanhita Bill, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and Bharatiya Sakshya (Second) Bill, 2023. 

Rajya Sabha is discussing different provisions of the CGST Act amendments. The Bill allows taxpayers to withdraw their GST-related cases filed in High Courts and the Supreme Court and lodge them with the upcoming GST appellate tribunals to speed up their outcomes. 

Ministers, including Beeda Masthan Rao and Dr. K. Laxman, said the tribunals will mark an evolution of the GST system. “The specialised forum will streamline dispute resolution and alleviate the burden on legal system, and increase the confidence of people,” said Mr. Rao. 

Ruling party leaders also praised the GST council’s functioning, the rise in GST collections and the digital ease of business. 

Ms. Mahajan makes the statement in regard to alleged disrespect of Vice President Jagdeep Dhankhar by Opposition MPs. 

The Upper House is discussing the Central Goods and Services Tax (Second Amendment) Bill, 2023. The amendments were moved by Finance Minister Nirmala Sitharaman, and passed in the Lok Sabha yesterday. 

Read more about the legislation here.

Mr. Joshi moves for C. Thomas and A.M. Arif to be suspended from the Lok Sabha for displaying placards in the House.

The motion is passed, and the members are suspended for the remainder of the Winter Session.

The Upper House is discussing amendments to the Central Goods and Services Tax Act, 2017. Finance Minister Nirmala Sitharaman said the proposed amendments will bring the law in uniformity with the Tribunal Reforms Act, 2021. Moreover, it would bring down the number of cases and appeals pending before courts, and fill up the vacancies cropping up in tribunals.

Finance Minister Nirmala Sitharaman has moved the Central Goods and Services Tax (Second Amendment) Bill, 2023 in the Upper House. The legislation was passed by Lok Sabha earlier.

Ministers are laying papers on the table.

TMC MP Kalyan Banerjee’s mimicry of the RS Chairman was not intended to be disrespectful, said West Bengal Chief Minister Mamata Banerjee on Wednesday. “We respect everyone. It was not disrespectful. It was just politically, casually...” she said.

Kalyan Banerjee also clarified there was no intent to hurt the Vice President or others. “Mimicry is not an offence, they (BJP) are trying to change the main issue which is whether suspension of opposition MPs was right,” he said. 

141 opposition MPs have been suspended from Lok Sabha and Rajya Sabha during the Winter session of the Parliament.

- PTI

“I propose that these Bills come up when the whole Opposition is present and they are properly debated.”

The MP tries to draw attention to Indians in Qatar who have been awarded capital punishment, as an analogy to similar punishments in the new criminal Bills.

The MP draws attention to Muslims, Dalits, and Tribals of the country and says that they are the most disadvantaged groups in the country.

Question Hour comes to a close. The Upper House will reconvene at 2 p.m.

Minister of Road Transport and Highways Nitin Gadkari and MoS Cooperation B.L. Verma respond to questions. 

Chairman Jagdeep Dhankhar said the Upper House has cancelled questions of MPs who were suspended. “We follow rules in this House... questions of MPs who weren’t part of the disorder, their questions are read,” he said.

“No religion promotes adultery or unnatural sex,” the MP says.

He also adds that provisions to deal with adultery are still present in the new Bills.

Leader of Opposition and Congress party president Millakarjun Kharge on Wednesday told reporters that caste should not be dragged into every issue and used to incite people. RS Chairman Jagdeep Dhankhar had previously expressed disapproval of the video mimicking him.

Question Hour in the Upper house continues unhindered. The ruling party members are now seated.

Minister of Education Dharmendra Pradhan is answering questions about the functioning of the DIKSHA portal; teaching and learning in regional languages within the New Education Policy; AI tool ‘Bhashini’. Mr. Pradhan mentions the Union Government’s schemes, including the Kasturba Gandhi Balika Vidyalayas scheme, introduced to facilitate higher education access for girl students. 

To a question about integrating the learning experiences of students in Bodoland, Jharkhand and other areas, Mr. Pradhan said NCERT is working on a new syllabus and textbook based on recommendations from different stakeholders. The new paradigm will take 1-2 years, and will accommodate these learning differences, he said.

BJP MP Nishikant Dubey opens the debate for the ruling party. He questions Opposition MPs on why they aren’t proud of their Indian identity and our hanging on to British-era laws.

Members are laying papers on the Table.

Rajya Sabha recommences and takes up Question Hour. Opposition members vociferously object to the proceedings, chanting “Justice” and “Home Minister” in the backdrop.

Parliamentary Affairs Minister Prahlad Joshi says the Opposition insulted PM Narendra Modi for 20 years, they insulted President Droupadi Murmu and now inside the Parliament complex, they humiliated the Vice-President. 

Mr. Joshi condemns the Opposition’s conduct; as a mark of protest, NDA members to attend the Question Hour, standing continuously for an hour. In respose, Mr. Dhankhar says he is “greatly touched” by the gesture, of NDA members standing in marked protest. He asks them to take their seats and continues proceedings. 

The Upper House’s fourth recommencement for the day began with Chairman Jagdeep Dhankhar taking objection to a video mocking him, filmed within the Parliament complex yesterday. In the video, TMC MP Kalyan Banerjee can be seen mimicking Mr. Dhankhar.

The video was an “insult” to the Vice President of the country, farmers’ community and the sanctity of the Parliament, Mr. Dhankhar said today. Opposition members, in response, roared in protest. They insisted on their demand for a statement from the Home Minister on the Lok Sabha security breach.

The House will reconvene at 12 p.m.

The Upper House reconvened for the third time today, only to be adjourned for 15 minutes. Chairman Jagdeep Dhankhar asked Leader of Opposition Mallikarjun Kharge to bring about order in the House.

“The House is adjourned till 11:45 a.m. with the expectation that the Leader of the Opposition will rise up to his position, both as LoP and the president of the Congress party, and bring about order in the House,” Mr. Dhankhar said.

Mr. Birla warns Opposition members to not raise placards in the Well of the House and ask them to be seated.

The Upper House will reconvene at 11:30 a.m. 

An advocate has filed a complaint against Trinamool Congress MP Kalyan Banerjee. Congress leader Rahul Gandhi was seen making a video of the performance by Mr. Banerjee, who on December 19, on the premises of the Parliament complex, appeared to mimic the way Mr. Dhankhar walked by leaning forward and making reference to having a spine.

Advocate Abhishek Gautam in his complaint said the video was made with an “intention to insult and defame the Vice-President of India, his caste as well as his background of farmer and as a lawyer”. He demanded that an FIR be registered under the appropriate sections of IPC and the IT Act against the TMC MP and others seen in the video.

- PTI

INDIA bloc met before the parliament proceedings began on December 20. Most of the MPs have been suspended. 

The meeting took place amid escalating political tensions between the Opposition and the BJP-led central government, triggered by the demand for Union Home Minister Amit Shah’s statement on the recent Parliament security breach.

Photo credit: Special Arrangement

Meanwhile, a constant chatter of protests is audible in the background.

The Upper House adjourned within a minute of commencement, as Opposition members stirred to raise the issue of security breach in the Parliament. Chairman Jagdeep Dhankhar asked CPI(M) member Elamaram Kareem to return to his seat.

The house will reconvene at 11:15 a.m.