9-Aug-2018: Lok Sabha passes the Representation of the People (Amendment) Bill, 2017

The Representation of the People (Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on December 18, 2017.  The Bill seeks to amend the Representation of People Act, 1950 and the Representation of People Act, 1951 to allow for proxy voting and to make certain provisions of the Acts gender-neutral.

The 1950 Act provides for allocation of seats and delimitation of constituencies for elections, qualifications of voters, and preparation of electoral rolls.  The 1951 Act provides for the conduct of elections and offences and disputes related to elections. 

The 1950 Act permits the registration of persons in electoral rolls who are ordinarily resident in a constituency.  These persons include: (i) persons holding a service qualification (such as member of armed forces, member of armed police force of a state, serving outside the state, or central government employees posted outside India); and (ii) persons holding certain offices in India declared by the President in consultation with Election Commission.  Under the Act, the wives of such persons are also deemed to be ordinarily residing in India.  The Bill replaces the term ‘wife’ with ‘spouse’.

The 1951 Act permits an overseas voter to vote only in person.  An overseas voter is a citizen of India who is absent from his place of ordinary residence in India.  The Bill seeks to amend the 1951 Act to permit an overseas voter to cast their vote in person or by proxy in the constituency where the poll is taken.  The 1951 Act provides for the wife of a person holding a service qualification to vote. The Bill replaces the term ‘wife’ with ‘spouse’.

18-Dec-2017: The Representation of the People (Amendment) Bill, 2017 was introduced in Lok Sabha

The Representation of the People (Amendment) Bill, 2017 was introduced in Lok Sabha on December 18, 2017.  The Bill seeks to amend the Representation of People Act, 1950 and the Representation of People Act, 1951 to allow for proxy voting and to make certain provisions of the Acts gender-neutral.

The 1950 Act provides for allocation of seats and delimitation of constituencies for elections, qualifications of voters, and preparation of electoral rolls.  The 1951 Act provides for the conduct of elections and offences and disputes related to elections. 

The 1950 Act permits the registration of persons in electoral rolls who are ordinarily resident in a constituency.  These persons include: (i) persons holding a service qualification (such as member of armed forces, member of armed police force of a state, serving outside the state, or central government employees posted outside India); and (ii) persons holding certain offices in India declared by the President in consultation with Election Commission.  Under the Act, the wives of such persons are also deemed to be ordinarily residing in India.  The Bill replaces the term ‘wife’ with ‘spouse’.

The 1951 Act permits an overseas voter to vote only in person.  An overseas voter is a citizen of India who is absent from his place of ordinary residence in India.  The Bill seeks to amend the 1951 Act to permit an overseas voter to cast their vote in person or by proxy in the constituency where the poll is taken.  The 1951 Act provides for the wife of a person holding a service qualification to vote. The Bill replaces the term ‘wife’ with ‘spouse’.

2-Aug-2018: Constitution (123rd amendment) Bill passed in Lok Sabha

The Lok Sabha passed the Constitution (123rd Amendment) Bill with over two-third majority. The Bill was passed superseding the amendments by the Rajya Sabha which seeks to grant constitutional status to the National Commission for Backward Classes (NCBC). All 406 members present in the House voted in favour of it.

All benefits given to the SCs and STs like the scholarship will also be extended to the backward classes.

Mr. Gehlot said, the recommendations of Justice Rohini Commission will be tabled in the House once it is submitted. He said, the government is trying to bring back reservation in Jamia Milia Islamia and Aligarh Muslim University.

He also spoke about schemes launched by the Government for the benefits of the backward classes. He said, Ministry is also awaiting the report of the Commission on Denotified and Nomadic Tribes which is preparing a State-wise list of castes belonging to Denotified and Nomadic Tribes and suggest appropriate measures.

The Union Cabinet had decided to amend the SC,ST Act to further strengthen the law to protect their rights.

19-Apr-2017: Cabinet gives approval for introduction of Constitution (One Hundred and Twenty-third Amendment) Bill 2017

The Union Cabinet has given (I) Ex-post facto approval for introduction of (i) Constitution (One Hundred and Twenty-third Amendment) Bill 2017 and (ii) National Commission for Backward Classes (Repeal) Bill, 2017 in the Parliament; and (II) Approval for retention of posts/incumbents and office premises held by the existing National Commission for Backward Classes by the proposed new National Commission for Backward Classes

The approval is for the proposal to bring about a Constitutional Amendment namely the Constitution (One Hundred Twenty-third Amendment) Bill, 2017 by:

  1. Constitution of a Commission under Article 338B for socially and educationally backward classes by name of National Commission for Backward Classes; and
  2. (b) insertion of Clause (26C) under Article 366 with modified definition viz. “socially and educationally backward classes” means such backward classes as are so deemed under Article 342A for the purpose, this Constitution and

2. Introduce a Bill for:

  1. Repeal of the National Commission for Backward Classes Act, 1993 along with Savings Clause for namely the National Commission for Backward Classes (Repeal) Bill, 2017; and
  2. Dissolution of the National Commission for Backward Classes with effect from such date as the Central Government may appoint in this behalf and the National Commission for Backward Classes constituted under sub-section (1) of Section 3 of the said Act shall stand dissolved.
  1. (a) Appropriation of the sanctioned 52 posts, along with incumbents wherever filled of the existing National Commission for Backward Classes in the proposed National Commission for Backward Classes to be constituted under Article 338B; and (b) Retention of the office premises of the existing National Commission for Backward Classes at Trikut-1, Bhikaiji Cama Place, New Delhi-110066, by the National Commission for Backward Classes to be constituted under Article 338B.

The above decisions will lead to overall welfare of socially and educationally backward classes.

The proposed Act of repeal is necessary in view of setting up of the National Commission for Backward Classes by insertion of Article 338B of the Constitution.

The decision will also enable effecting continuity in the functioning of the National Commission for Backward Classes under Article 338B.

13-Aug-2018: Disclosure of compliance under the Sexual Harassment of Women at Workplace Act in the Annual Reports of Private companies now made Mandatory: Ministry of Corporate Affairs amends the Companies (Accounts) Rules, 2014.

In order to ensure safe workplaces for Women in the private sector, the Ministry of Women and Child had requested Hon’ble Minister for Corporate Affairs to mandate the disclosure regarding implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in the Directors Report of every company. Vide its notification dated 31.07.2018,the Ministry of Corporate Affairs has amended the Companies (Accounts) Rules, 2014, issued under Section-134 of the Companies Act, by inserting clause(X) as follows:-


“A statement that the Company has complied with provisions relating to the constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.

While thanking Hon’ble Minister for Corporate Affairs, Smt. Maneka Sanjay Gandhi stated that, “this is a major step towards making the workplace safe for the women in the private sector”. Smt. Gandhi also stated that she will be requesting SEBI to suitably incorporate this disclosure in the Corporate Governance reports of the listed Companies. This will cast as ever higher responsibility on the Directors of these Companies for implementation of the Act.

It may be noted that Section-134 of the Companies Act, 2013 provides the disclosure framework which the Directors of every company are required to comply with in the Annual Reports. This section also includes the penal provisions for non-disclosure. The inclusion of the compliance under the Sexual Harassment of Women at Workplace Act in the non-financial disclosures will ensure that the issue gets into the focus into Board of Directors of the companies

The Ministry of Women and Child Development has been making continuous efforts to mainstream the implementation of the Sexual Harassment of Women at Workplace Act, 2013. Detailed Rules under the Act were issued. It was ensured that all the ministries/ departments under the central government as well as the organizations working directly under them constitute the Internal Complaints Committee as mandated under them Act. A number of instructions have been issued by the DoPT on the request of the ministry to provide immediate relief to the women working in central government against sexual harassment at workplace. The ministry has also empanelled a number of entities who can provide training to any organization on effective implementation of the provisions of the Act. The ministry has provided a facility to all working women to file complaints under this Act directly with the ministry through the SHE-Box.