Delhi Govt, Data Protection Bill At Monsoon Session Of The Parliament

By Ritika Jain

The monsoon session of Parliament that begins Thursday will test the unity and strength of the newly formed Indian National Democratic Inclusive Alliance (INDIA) – an alliance of 26 opposition parties.

In the run-up to General Elections 2024, the real litmus test of the opposition’s unity and its ability to go up against the BJP will depend on whether it is able to defeat the passage of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 in the Rajya Sabha.

The GNCTD (Amendment) Bill, 2023—that seeks to replace the contentious Delhi Ordinance Bill by which the state government lost control over its services—is one of the 21 new bills that will be introduced in this session.

The monsoon session will be held at the new Parliament building. It is spread over 23 days and will have 17 sittings till August 11. The budget session earlier this year was a washout, and the monsoon session is expected to be stormy as well. News reports suggest that the opposition parties will demand discussions on the Manipur crisis, allegations of sexual harassment against BJP MP Brij Bhushan Sharan Singh, continuation of their demand for a joint parliamentary committee (JPC) probe into the Hindenburg allegations against Adani, misuse of central probe agencies among other issues.

BOOM looks at a few key bills that are expected to be introduced in this session.

Also Read: Right To Erasure, Consent: Key Takeaways Of Digital Personal Data Protection Bill, 2022

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

The GNCTD (Amendment) Bill, 2023 seeks to replace the contentious Delhi Ordinance by which the national capital lost control over its services.

The Centre introduced the Delhi Ordinance to circumvent the Supreme Court’s May 11 Constitution Bench judgment which clarified that the Delhi government should have control over services except those which fall outside the domain of the Legislative Assembly and is controlled by the Centre.

In the parliament, AAP looks at its allies in the Rajya Sabha—where the BJP does not have a majority—to override this bill even as it has presented a challenge to the ordinance in the Supreme Court.

The Supreme Court on July 20 will consider whether the Delhi government’s challenge to the Ordinance, which it terms as “an unconstitutional exercise of executive fiat,” should be heard by a five-judge Constitution Bench. On Tuesday, a three-judge bench observed that in a way, the Constitution stood amended when the Centre invoked clause 7 of Article 239AA to take control of services away from the Delhi govt through an ordinance. It also wondered if this was permissible.

Also Read: Delhi vs LG: State Govt Controls all Except Land, Law & Order, Police

Digital Personal Data Protection Bill, 2022

The much-awaited bill seeks to replace the existing Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules. The Digital Personal Data Protection Bill, 2022—an upgraded version of the now-withdrawn Personal Data Protection Bill, 2019— seeks to outline the rights of individuals on data sharing, consent, legal use of such data by companies, RTI, and one’s right to forget/erasure.

“The Bill aims to establish the comprehensive legal framework governing digital personal data protection in India,” the tentative list says.

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Forest (Conservation) Amendment Bill, 2023

The Forest (Conservation) Amendment Bill, 2023, is another significant bill that seeks to amend the Forest (Conservation) Act of 1980. On July 11, a Joint Parliamentary Committee (JPC) approved the amendments and the bill has now been tabled before the Lok Sabha for its consideration and passing.

Amid concerns over climate change, at least 420 people that include ecologists, conservationists and students, have written to Union Minister for Environment, Forest and Climate Change Bhupendra Yadav, expressing their concerns over the amendments to the bill.

“The new section adds confusion regarding the classification of forests in the country…,” the petition read. “This has raised legitimate fears that the amendment will invalidate the Supreme Court’s 1996 judgment in T.N. Godavarman vs Union of India in which the court interpreted the meaning of forest as its dictionary definition...” it added. If the new bill is passed, many areas will get declassified, and overnight, thousands of square kilometers of forests will lose their protection.

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The Cinematograph (Amendment) Bill, 2023

This bill aims to “preserve the movie-going experience” and “curb the menace of film piracy.” It provides for harsher penal provisions for piracy; introduces new sub-age categories for films; and the bill will be in line with Supreme Court judgments among other provisions.

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