Current Affairs - Bills and Acts

Fali Nariman’s book "Beyond the Courtroom" delves into key aspects of India’s constitutional law, particularly focusing on Article 368, which deals with the procedure for amending the Constitution. The book traces the article’s evolution through judicial interpretations and its relationship with the Basic Structure Doctrine—a principle established by the Supreme Court to ensure that certain fundamental aspects of the Constitution remain unaltered. Nariman, a legendary constitutional jurist, provides deep insights into these legal frameworks, reaffirming the delicate balance between parliamentary power and constitutional integrity. The work is both a legal reflection and a philosophical journey.

The Registration of Births and Deaths (RBD) Act was enacted in 1969 to provide a uniform law for the compulsory registration of births and deaths across India. The Act lays out a clear framework, assigning responsibilities to national, state, district, and local-level registrars to ensure timely and accurate registration. It has since undergone amendments, including a significant one in 2023 that mandates digital registration through the Civil Registration System (CRS). The Act also stipulates a 21-day reporting window, penalties for delays, and provisions for Indian citizens residing abroad. The year 1969 marks the beginning of formal, centralized registration of vital events in India.

The Supreme Court criticized Governor R.N. Ravi’s inaction on 10 re-passed Bills as unconstitutional, specifically citing a violation of Article 200 of the Indian Constitution. Article 200 lays down the procedures a Governor must follow when presented with a Bill passed by the State Legislature: giving assent, withholding assent, returning it (except money Bills), or reserving it for the President’s consideration. The Court emphasized that the phrase “as soon as possible” implies timely action, not indefinite delays. By prescribing specific time frames and stating that re-passed Bills must be assented to, the SC reinforced constitutional accountability and legislative supremacy, grounding its reasoning in Article 200.

The Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act was enacted in 2007 to ensure the welfare and dignity of elderly citizens in India. It mandates that children or legal heirs are responsible for maintaining senior citizens who cannot support themselves financially. The Act provides for the establishment of tribunals to handle such cases and includes provisions like nullifying property transfers if maintenance conditions are breached. This legislation strengthens the social security framework for the elderly and balances their rights with the obligations of family members. It plays a crucial role in safeguarding senior citizens from neglect and abuse.

The original Waqf Act was enacted in 1995 to regulate and manage Waqf properties across India. It provided the legal framework for the establishment of Waqf Boards, registration of Waqf properties, and resolution of related disputes. Over time, the need for more transparency, better governance, and inclusive representation led to several amendments. The Waqf (Amendment) Bill, 2024 builds upon the 1995 Act by refining definitions, regulating property disputes more fairly, integrating technology through a central portal, and promoting gender and community representation. By amending outdated provisions like Section 40, the bill aims to prevent arbitrary claims and ensure equitable management of Waqf assets.