Prime Minister Narendra Modi has always been on a mission to eliminate colonial-era laws and modernize India’s legal framework since his tenure as Gujarat Chief Minister, where he reformed outdated land revenue laws like the 7/12 system through initiatives such as the e-Dhara system for computerized land records.
Since 2014, Modi government has scrapped more than 1500 archaic laws easing people’s lives.
The year 2024 witnessed passage of bills that replaced century old laws such as New Bharatiya Criminal Laws, VayuyanVidhyak Bill replacing the Aircraft Act of 1934, the Carriage of Goods by Sea Bill replacing century-old Carriage of Goods by Sea Act, 1925.
In 2024, significant legislative reforms were introduced or enacted to modernize India’s legal framework and align it with global standards.These reforms aim to catalyze various sectors, including shipbuilding, banking, railways, aviation, and more.
After 77 years, Justice is now completely ‘Swadeshi’ – New Bharatiya Criminal Laws
● The BharatiyaSakshya (Second) Bill, 2023 ; The Bharatiya Nyaya (Second) Sanhita, 2023 and The BharatiyaNagarik Suraksha (Second) Sanhita, 2023 was passed in Dec 2023 but took effect this year from June 1, 2024 .
● The new laws are presented as a move to indigenize India’s legal system, which has been largely based on colonial statutes for over a century.
● The Bharatiya Nyaya Sanhita replaces the Indian Penal Code, which included outdated provisions such as the sedition law. This law was historically used to suppress dissent during British rule
● The BharatiyaSakshyaAdhiniyam replaces the Indian Evidence Act and modernizes evidence handling, including provisions for electronic evidence
● The BharatiyaNagarik Suraksha Sanhita replaces the Code of Criminal Procedure and introduces changes in police custody durations and procedures for handling suspects
● The purpose of new laws is to give justice not punishment to the people
● Important Features:
o Adoption of Zero FIR: Filing FIR at any police station, regardless of jurisdiction e-FIR: Filing of FIRs without having to visit a police station
o Terrorism is defined – To Include acts that ‘disturb public order’ or ‘destabilise the country’
o A Reformist Approach to Minor Offences – Introduction of ‘Community Service’ for minor offences like theft or defamation, benefiting the community
o Mob lynching can lead to life imprisonment / death penalty
o Deceptive Marriages can lead to 10 years of imprisonment
o Gangrape of a Minor – Death penalty / Life imprisonment
o Buying or selling a child for prostitution – 7-14 years imprisonment
o Abandoning a child, punishable by up to 7 years imprisonment
WAQF (Amendment) Bill, 2024
On August 8, 2024, two bills, the Waqf (Amendment) Bill, 2024, and the MussalmanWakf (Repeal) Bill, 2024, were introduced in the Lok Sabha with an aim to streamline the Waqf Board’s work and ensure the efficient management of Waqf properties.
● Important features:
o A centralized portal for Waqf properties will be established, requiring proper documentation for claims.
o The bill proposes the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards
o The amendment introduces audits and the removal of mutawallis (trustees) who fail to maintain proper records or have encroached on Waqf land
o It prohibits the conversion of government properties into Waqf
Zero Tolerance Towards Malpractices in Public Exams
After transformative reforms in education with NEP 2020, India is now set to enhance overall educational standards and promote a meritocratic system with the Public Examinations Bill 2024. This bill aims to restore trust in public exams & combat the pervasive issue of paper leaks and cheating in public examinations across India.
Important features:
● Offenders can face imprisonment ranging from three to ten years, with fines up to ₹1 crore for organized crimes involving examination authorities or service providers
● The bill is possibly the first of its kind in the history of India’s Parliament, is dedicated to the youth of India. It ensures greater transparency, fairness, and credibility in public examinations, assuring youth that their genuine efforts will be fairly rewarded and their future secured.
The BharatiyaVayuyanVidheyak, 2024
India’s aviation sector has witnessed remarkable growth, with operational airports doubling from 74 in 2014 to 157 in 2024, and plans to reach 350-400 by 2047[1].The remarkable success of UDAN is reflected in the doubling of domestic air passengers over the past decade, driven by the significant fleet expansion of Indian airlines.[2] In 2024, India became third largest domestic airline market.[3]
India aims to become leading Aviation Hub with $4 billion MRO industry by 2030.[4] The bill is a step towards achieving the goal for AtmaNirbhar Bharat in Aviation sector.
● The bill seeks to replace the Aircraft Act of 1934. It is a vital step towards modernizing the regulatory framework and advancing sustained growth of India’s aviation sector.[5]
● The bill for the first time introduces the concept of ‘State of Design’, empowering India to approve and certify its aircraft designs which was earlier done by foreign nations encouraging Aatmanirbhar Bharat in manufacturing, and promoting Ease of Doing Business in the aviation sector.
Aims to establish India as a prominent Maintenance, Repair, and Overhaul (MRO) hub within the aviation industry.
The Bills Related to Shipping & Maritime sector
India stands as one of the few nations globally with the capability to design and construct nuclear submarines and aircraft carriers. Alongside this technical expertise, the country also possesses a highly skilled workforce essential for the industry. Ranking third in the world as a seafarer-supplying nation, India holds a 10-12% share. In contrast, leading shipbuilding nations like China, Japan, and South Korea are grappling with aging populations. Given that shipbuilding is physically demanding, this shift presents a unique opportunity for India’s young workforce to step in and lead the way.
In a bid to catalyse the shipowning& shipbuilding sector, comprehensive legislative reforms are being introduced:
1. The Coastal Shipping Bill, 2024
● Simplified Licensing: One of the most notable changes is the removal of the requirement for a general trading license for Indian-flagged vessels engaged in coastal trade.
● Creation of a National Database for coastal shipping
● Emphasizes the importance of national security by ensuring that coastal trade is primarily conducted by Indian-flagged vessels owned and operated by Indian citizens
● Seeks to create significant employment opportunities in the maritime sector
2. The Carriage of Goods by Sea Bill, 2024
● The Act replaced the nearly century-old Carriage of Goods by Sea Act, 1925.[6]
● Carriers will now be held to a higher standard, improving the protection of cargo owners and shippers from potential losses
● The Bill aligns India’s legal framework with contemporary global practices and international conventions governing sea transport.
● The Bill empowers the government to issue directives for compliance with international standards, enhancing India’s competitiveness in the global maritime sector and fostering trust in its shipping operations.
● Bill boosts efficiency, legal clarity, and safety in sea transport, driving the nation’s trade ambitions forward.
3. The Bills of Lading Bill, 2024
● It seeks to repeal and reenact the Indian Bills of Lading Act, 1856 to facilitate simplification and ease of understanding.[7]
● The Act states that a bill of lading is conclusive evidence of goods on board.The Bill adds that the central government may issue directions for carrying out the provisions of the Bill.
The Union Cabinet approved the Merchant Shipping Bill 2024. The Bill aims to reduce compliance burden, boost tonnage, enhance seafarer welfare, maritime safety, prevent marine pollution, implement India’s international obligations, promote transparency and ease of business.[8]
India is on the brink of a transportation revolution, with Prime Minister Narendra Modi envisioning seamless connectivity as the key to driving economic growth. 2024 marks a pivotal year for public transport reforms, aimed at boosting the economy and creating jobs.
The Railway (Amendment) Bill 2024
Indian Railways has achieved 97% electrification of its broad gauge network, advancing rapidly toward full electrification by 2024-25.[9]The iconic New Pamban Bridge, India’s first vertical lift sea bridge, was completed, replacing the 105-year-old structure.[10]With 102 Vande Bharat train services operational (as of Sept 2024), the Railways continues to redefine passenger experience[11]. The bill was introduced to improve operational efficiency and grant greater autonomy to railway zone.
· Grants greater autonomy to railway zones, allowing them to manage budgets, infrastructure, and recruitment independently
· By merging provisions from the Indian Railway Board Act of 1905 into the Railways Act of 1989, the bill simplifies the legal structure governing Indian Railways
· Has provisions for expedited development of superfast trains and critical infrastructure projects
· The changes are intended to streamline the constitution and composition of the Railway Board, thereby boosting the overall efficiency of railway operations.
The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024
The abrogation brought J&K on par with other states and UTs of India. The central government now had the authority to directly implement various schemes and programs. Justice finally arrived with – 890 laws applicable to Jammu & Kashmir, 205 state laws repealed, 129 laws modified. For the first time economically weaker sections & also to Pahadi-speaking people were given reservations. Not only this with highest turnout in recent elections, it seems democracy and freedom are back in the valley. The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 gives a further boost to reservations in local bodies.
● The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 amends three laws applicable in the erstwhile state of Jammu and Kashmir: the J&K Panchayati Raj Act, 1989, the J&K Municipal Act, 2000, and the J&K Municipal Corporation Act, 2000.
● The amendments seek to ensure that local body laws are consistent with Articles 243D and 243T of the Constitution
● The Bill extended reservations to Other Backward Classes (OBCs) in panchayats, municipalities, and municipal corporations. Further, 33% women reservation made applicable.[12]
The Banking Laws (Amendment) Bill, 2024
India’s banking system in 2024 has demonstrated remarkable resilience and strength with Gross Non-Performing Asset (GNPA) ratio for Public Sector Banks (PSBs) dropping to 3.12% in September 2024 from 14.58% in March 2018. Also in the financial year 2023-24, PSBs achieved their highest-ever aggregate net profit of ₹1.41 lakh crore. Former RBI Governor Shaktikanta Das awarded an A+ rating for the second consecutive year by Global Finance’s Central Banker Report Cards 2024. The objective of Banking Laws(Amendment) Bill 2024 is to improve customer convenience, and bolster investor protection.
● One of the notable features of the bill is allowing account holders to nominate up to four individuals for their bank accounts or fixed deposits
● The bill proposes transferring unclaimed dividends, shares, and interest to the Investor Education and Protection Fund (IEPF), enabling individuals to claim these amounts later.
● The amendments specifically focus on cooperative banks, which play a vital role in India’s banking landscape.
Synchronizing Electoral Cycles for a Stronger Democracy
The Constitution (One Hundred and Twenty-Ninth) Amendment Billand The Union Territories Laws (Amendment) Bill were introduced to give effect to the mechanism of simultaneous elections to Lok Sabha and State/UT Assemblies.
● The Bill aims to insert a new article, 82A (Simultaneous elections to the House of the People and all Legislative Assemblies), and amend articles 83, 172, and 327 regarding the duration of Houses of Parliament and State Legislatures.
● Key Features:
o After enactment, a notification by the President will set the “appointed date” as the first sitting of the House of the People following a general election.
o The tenure of the Lok Sabha will be five years from the appointed date. All Legislative Assemblies, formed after this date and before the expiry of the full term of the House of the People, will have their tenure end when the Lok Sabha’s full term expires.
o Future general elections to the Lok Sabha and all State Legislative Assemblies will be held simultaneously.
o If either the Lok Sabha or a Legislative Assembly is dissolved prematurely, the subsequent election will serve the unexpired term.
· Key Benefits:
o Promotes consistency in governance by refocusing efforts on developmental activities[13].
o Prevents policy paralysis by reducing the disruption caused by the Model Code of Conduct.
o Mitigates resource diversion by reducing the need for frequent election-related personnel deployment.
o Preserves regional party relevance by allowing localized focus and highlighting regional issues.
o Enhances political opportunities by creating more room for diverse leaders and inclusivity.
o Focuses on governance by allowing political parties to address electorate needs instead of election campaigning.
o Reduces financial burden by cutting down costs associated with multiple election cycles.
· Brief Background:
o Simultaneous elections for the House of the People (Lok Sabha) and all State Legislative Assemblies were conducted in 1951-52, 1957, 1962, and 1967. However, the cycle was disrupted due to premature dissolutions of some Legislative Assemblies in 1968 and 1969.[14]
o The Law Commission’s 170th report on “Reform of Electoral Laws” suggested that simultaneous elections should be the general practice, with separate elections for State Assemblies being an exception. Elections for the Lok Sabha and all State Assemblies should ideally occur once every five years.
o The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, and Law and Justice, in its 79th report, examined the feasibility of simultaneous elections. It emphasized the need for alternative, practical methods to reduce the frequency of electoral processes.
o With rising costs, time constraints, and disruptions caused by the imposition of the Model Code of Conduct in poll-bound regions, there is a clear need for holding simultaneous elections. This would reduce the strain on public services, development programs, and manpower deployed for election duties.
o A High-Level Committee, chaired by Ram NathKovind, former President of India, was formed on 2nd September 2023 to examine the issue. The Committee submitted its recommendations on 14th March 2024, which were accepted by the Government.
[1]https://pib.gov.in/PressReleasePage.aspx?PRID=2066445
[2]https://pib.gov.in/PressNoteDetails.aspx?NoteId=152143&ModuleId=3®=3&lang=1
[3]https://pib.gov.in/PressNoteDetails.aspx?NoteId=152143&ModuleId=3®=3&lang=1
[4]https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2033474
[5]https://prsindia.org/files/bills_acts/bills_parliament/2024/Bharatiya_Vayuyan_Vidheyak_2024.pdf
https://prsindia.org/billtrack/the-bharatiya-vayuyan-vidheyak-2024
https://x.com/MoCA_GoI/status/1864698949019554155
[6]https://www.newsonair.gov.in/carriage-of-goods-by-sea-bill-introduced-in-lok-sabha/
https://prsindia.org/files/bills_acts/bills_parliament/2024/Carriage_of_Goods_by_Sea_Bill_2024_Bill_Text.pdf
[7]https://prsindia.org/files/bills_acts/bills_parliament/2024/Bills_of_Lading_Bill_2024_Bill_Text.pdf
https://prsindia.org/billtrack/the-bills-of-lading-bill-2024
[8]https://x.com/dgship_goi/status/1854077906697486581
[9]https://pib.gov.in/PressReleasePage.aspx?PRID=2078089
[10]https://x.com/AshwiniVaishnaw/status/1862355214504009812
[11]https://pib.gov.in/PressNoteDetails.aspx?NoteId=152077&ModuleId=3®=3&lang=1
[12]https://youtu.be/uED7uYK8YpQ?t=139
https://prsindia.org/files/bills_acts/bills_parliament/2024/J&K_Local_Bodies_Laws_(A)_Bill,2024.pdf
https://prsindia.org/files/bills_acts/acts_parliament/2024/The_Jammu_and_Kashmir_Local_Bodies_Laws_(Amendment)_Act,_2024.pdf
[13]https://pib.gov.in/PressNoteDetails.aspx?NoteId=153577&ModuleId=3®=3&lang=1
[14]https://sansad.in/getFile/BillsTexts/LSBillTexts/Asintroduced/const%20amdt1217202425225PM.pdf?source=legislation