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EXTRAORDINARY

Hkkx II — [k.M 2

PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 26]

NEW DELHI, FRIDAY, DECEMBER 8, 2023/AGRAHAYNA 17, 1945 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

xxxGIDHxxx

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jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—23

REGISTERED NO. DL—(N)04/0007/2003—23

RAJYA SABHA

————

The following Bills have been introduced in the Rajya Sabha on the 8th December,

2023:—

BILL NO. LXXVI OF 2022

A Bill to repeal the Waqf Act, 1995.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Waqf (Repeal) Act, 2022.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. This Waqf Act, 1995 is hereby repealed.

Short title and

commencement.

Repeal of Act

43 of 1995.

सी.जी.-डी.एल.-अ.-19012024-251163

CG-DL-E-19012024-251163

सी.जी.-डी.एल.-अ.-19012024-251163

CG-DL-E-19012024-251163

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Waqf Act, 1954 was predicated on the management of waqf; i.e. holding certain

property and preserving it for the confined benefit of certain philanthropy and prohibiting

any use or disposition of it outside that specific objective and had sought itself to be a

measure towards public welfare and as a benevolent institution. Subsequently, some infirmities

pertaining to the management of the waqf was felt and the Wakf Act, 1954 was later repealed

and the new Waqf Act was passed in 1995 (hereinafter referred to as "the Act") giving more

powers to waqf boards. Amendments were later introduced in the year 2013, thereby arming

the waqf with limitless and absolute autonomy in the matters relating to it.

Due to these powers, the Waqf Boards is now the third largest owner of land after the

Indian Armed Forces and the Railways and their share of land has doubled since 2009. The

enabling provisions enshrined in section 40 of the Waqf Act, 1995 gives powers to the Board

to acquire, issue notices or hold an enquiry into the ownership of the property that it has

reasons to believe belongs to the Waqf. The board is allowed to conduct an independent

enquiry into the matter and arrive at a conclusion regarding the ownership of the contended

property. The decision of the board is final unless revoked by a specific order of the Tribunal

and the only remedy available to the aggrieved is to approach the Tribunal with a suit which

is barred by a limitation of only one month. There appears to be no cogent reason as to why

the Act itself should make an exception from the established principles of the Limitation

Act, 1963. Appeals to the orders of the Tribunal are not maintainable in other Court of Law.

Further, the burden of proof regarding the ownership of a land contended to be a property of

Waqf falls on the person holding the possession of that land. Should the incumbent fail to

prove his title to the satisfaction of the Board, such land or property shall have to be vacated.

Such provisions invariably amount to depriving the citizens of their rights to seek

constitutional remedies and are gross violation of natural justice. As such, it has been felt

that there is a dearth of adequate safeguard to other communities and especially poor people

for protection of their properties from its inclusion in Waqf.

Waqf Board has simultaneously been afforded with unbridled power in terms of

registering any property, no other trust, mutths, akharas or a society is conferred with even

remotely parallel autonomy in their affairs. Registration of property is an important corner

stone of personal rights guaranteed in the Indian Constitution. The Waqf Act is discriminatory

both in intent and application while retaining a charitable optics and is in stark violation of

article 13(2) of the Indian Constitution that prohibits the State from making laws that abridge

the rights conferred to the citizens by Part III of the Indian Constitution.

The Act as amended from time to time is also against the autonomy of the State in

matters falling within its domain. Sections 28 and 29 of the Act provides overriding powers to

the Waqf Board and its CEO to compel the State machinery to act in a manner consistent with

the interest of the Board. Section 14 of the Act provides that the Board shall consist of a

Chairperson, a member amongst the Muslims who has professional experience in town

planning, finance, agriculture, etc., a recognized scholar in Shia and Sunni Theology nominated

by the State Government, one person amongst the Muslims nominated by the State

Government who is an officer of the State Government (but not below the rank of Joint

Secretary) and not more than two members will be elected by the electoral college constituting;

Muslim Members of the Parliament from the particular state, Muslim Members of the State

Legislature, Muslim Members of the Bar Council of the concerned state and mutawallis

having an annual income of one lakh rupees and above. The provisions of the Act makes it

mandatory that the appointment of members of the Board is restricted to Muslim community

only even when the members of the Board are entitled to the status of public servants which

arguably is in contravention of the spirit of equality in employment. Such provisions are

intended to further the interest of the Muslim community and have successfully served in

unconstrained amassment of property in the name of Muslim charity.

Further, many provisions of the Act are repugnant or constitutionally infirm. In so far

as the other entities such as mutths, akhara and other trusts are concerned which may also

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title

and

commencement.

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment), Act 2023.

(2) It shall come into force at once.

2. In article 348 of the Constitution, in clause (1),—

(i) for sub-clause (a), the following shall be substituted, namely:—

"(a) all proceedings in the Supreme Court shall be conducted in the official

language of the Union, namely, Hindi and in all the regional languages listed in the

Eighth Schedule of the Constitution, and a transcript thereof shall be translated into

and made available in the English language.

(b) all proceedings in every High Court shall be conducted in the official language

of the Union, namely, Hindi and in the official lauguage of the respective State, and a

Amendment

of Article

348.

BILL NO. XLIII OF 2023

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

transcript thereof shall be translated into and made available in the English

language.

(ii) clause (b) shall be re-numbered as "clause (c)" and the following shall

be substituted, namely:—

"(c) the authoritative texts i.e.,—

(i) of all Bills to be introduced or amendments thereto to be moved in

either House of Parliament or in the House or either House of the Legislature of

a State,

(ii) of all Acts passed by Parliament or the Legislature of a State and of

all Ordinances promulgated by the President or the Governor of a State, and

(iii) of all orders, rules, regulations and byelaws issued under this

Constitution or under any law made by Parliament or the Legislature of a State,

shall be bilingual, i.e., in Hindi and English languages, and shall also be

translated into and made available in all other languages listed in the Eighth

Schedule of the Constitution.".

3. Clause (2) shall be omitted.

4. Clause (3) shall be omitted.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Seventy-four years after independence, the linguistic shadow of the colonial heritage

of the country still remains. Article 348 of the Constitution stipulates that all proceedings

before the Supreme Court and each High Court shall be conducted in English. After

independence, our constituents expressed the need to promote Hindi along with other

regional lauguages in our country's official functions. The use of English for certain purposes

was originally agreed for a period of 15 years.

2. In addition of this, the Constitution empowers the President to set up an Official

Languages Commission to resolve language-related issues and to promote Hindi language.

After that, Commissions were formed, and numerous reports were prepared, several orders

were issued, and attempts were made to implement the provisions of the Official Languages

Commission. However, the final expected result was not obtained. The rapid adoption of

English as the official language has led to the neglect of Hindi as well as other regional

languages of the masses. Moreover, the issue is not only about promotion of Hindi as

Official Language, but simultaneous promotion of other regional languages of the country

on equal terms.

3. Even today, we are unable to maintain and promote our rich treasure of regional

languages. The languages of all rich nations continue to thrive, but the diverse languages of

our country are declining. Working in Hindi and other regional languages can bring this

diverse nation together. The most urgent need now is to initiate the promotion of our regional

languages for connecting with the masses and dispensing equity and justice as enshrined

in the basis structure of the Constitution. Concrete initiatives need to be taken in this

direction in order to promote regional languages to connect the people of our country. To

achieve this and to get the expected results from the Official Languages Commission, what is

needed today is to enforce usage of Hindi as well as other regional languages in the official

working of the country, especially in the Supreme Court and the High Courts of the country,

who are assigned with the duty of dispensing justice to the citizens of our country.

4. Furthermore, Law is taught in Hindi and in regional languages in all educational

institutions across the country and students are pursuing law degrees in Hindi and regional

languages as well. But English being the language of the Supreme Court and High Courts of

India, several law graduates are compelled to file cases in English when practising before the

Supreme and High Courts. Because, these lawyers who have studied law in Hindi or in

regional languages are not competent enough to explain cases in English, they face

discrimination in their practice in Supreme Court and High Courts of India. Such discrimination

is violative of their fundamental right to practice their profession, as enshrined in article

19(1)(g) of the Constitution.

5. The Bill intends to amend the provisions of article 348 of the Constitution to do away

with the compulsory use of English in the proceedings of Supreme Court and High Courts

and for the authoritative texts of the Parliament, State Legislatures and all the rules, regulations,

Hindi and English along with translations available in all the regional languages listed in the

Eighth Schedule of the Constitution.

Hence, this Bill.

HARNATH SINGH YADAV

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:––

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Eighth Schedule to the Constitution, the existing entries 4 to 22 shall be

re-numbered as entries 5 to 23, respectively and before entry 5 as so re-numbered, the

following entry shall be inserted, namely:—

"4. Chhattishgarhi."

Short title and

commencement.

Amendment

of Eighth

Schedule.

BILL NO. LXVIII OF 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Constitution of India, through the Eighth Schedule, provides for the enrichment

and promotion of languages. Along the same lines, there is a growing need and urgency to

include Chhattisgarhi language in the Eighth Schedule to the Constitution. Chhattisgarhi

dialect has a history of its own. The grammar of the dialect, prepared by Hiralal Kavyopadhyay

and edited and translated by George A.K. Grierson, was published in the Journal of the

Asiatic Society of Bengal in 1890. A wide range of quality litrature is also available in

Chhattisgarhi and the same is continuously increasing. While Chhattisgarhi sub-dialects

and some other languages are also prevalent in the State, the majority of the residents use

Chhattisgarhi as their language and the same is also a language of communication with those

speaking other regional dialects. Apart from Hindi, Chhattisgarhi has been adopted as a

State Official Language and Chhattisgarhi Official Language Day is celebrated every year on

28th November in the State. Further, the State Government of Chhattishgarh, has also

constituted Chhattisgarh Official Language Commission to preserve the tradition and for the

development of overall linguistic diversity of the State according to the public sentiments

and necessity. Chhattisgarhi is spoken not only by the 2.75 crore residents of Chhattisgarh,

but also by residents in neighbouring districts in the States of Madhya Pradesh, Maharashtra,

Telangana and Odisha. Addition of Chhattisgarhi language to the Eighth Schedule will help

the language's development and will enable the 2.75 crore people of the State to take

examinations for public service in Chhattisgarhi.

Hence this Bill.

RAJEEV SHUKLA

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

(2) It shall come into force on such date as the Central Govenment may, by notification

in the Official Gazette, appoint.

2. In article 16 of the Constitution, for clause 4A, the following new clause shall be

substituted, namely:—

''(4A) Nothing in this article shall prevent the State from making any provision

for reservation in matters of promotion, with consequential seniority, to any class or

classes of posts in the services under the State in favour of the Scheduled Castes, the

Scheduled Tribes or Other Backward Classes which, in the opinion of the State, are not

adequately represented in the services under the State.''

Short title and

commencement.

Amendment of

Article 16.

BILL NO. CI OF 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Constitution being a legal as well as a social document should be dynamic in

nature. With the changing needs of society and the foray of new ideas, the Constitution

must change from time to time for the welfare of the people of India. If existing impediments

to the welfare of the people are not removed, the Constitution would suffer virtual atrophy.

2. The Constitution (Seventy-seventh Amendment) Act, 1995 inserted clause (4A) to

article 16 to extend the benefit of reservations in promotions as clause (4) is confined only to

reservation in initial appointments. Parliament felt that it was necessary to continue providing

reservations in promotion posts as well in the case of the Scheduled Castes and Scheduled

Tribes. However, the said amendment did not consider the case of Other Backward Classes

(OBCs).

3. The discrimination faced by the OBCs is comparable and a similar level to the

discrimination faced by the Scheduled Castes and the Scheduled Tribes. The abhorrent and

inhuman system of classification of human beings merely based on their birth, over which

they obviously had no control, led to systemic oppression and discrimination. The effect of

this systemic discrimination was not just econmic, it was social and psychological which

was the primary reason to insert article 16(4) in the Constitution.

4. The founding fathers of our Constituiton have designedly couched articles 14, 15

and 16 in comprehensive phraseology so that the frail and emaciated sections of the people

living in poverty, rearing in obsurity, possessing no wealth or influence, having no education,

much less high education and suffering from social repression and oppression should not be

denied equality before law and equal protection of the laws or subjected to any prohibition

of discrimination on grounds of religion, rate, caste, sex or place of birth. These people who

have been historically ostracized from mainstream education and employment should be

afforded equal opportunity in the matters of public employment. OBCs are constitutionally

recognised to be socially backward but still there are no enabling provisions to provide

reservations for them in promotional posts. Due to such non-inclusion, the OBCs are vastly

unrepresented at the higher posts of the administration as they were never considered for

promotions due to social status. Even the States which are interested in granting reservations

in promotional posts for OBCs cannot do so for lack of enabling provision in the Constitution.

5. Recently, Parliament has extended the benefit of reservations to forward castes also

in the category of economically weaker sections.

6. Due to absence of the aforesaid Constitutional mandate in promotions, the real

oppressed and downtrodden are not brought into the mainstream till today. Mere entry into

service is not sufficient. Only when the OBCs are duly represented in promotional posts, a

truly representative administration could be achieved and real substantive equality is enabled.

Historical injustice is still meted out to backward classes of citizens and their due share in

jobs in the higher posts is denied and they are not adequately represented even till today.

7. Therefore, article 16 of the Constitution of India must be further amended to grant

reservations in promotional posts with consequential seniority for the backward classes of

citizens and this would result in true social justice as it would ensure adequate representation

of the backward class of citizens in higher offices of the administration.

8. It is, therefore, proposed to amend the Constitution to achieve the above objectives.

P. WILSON

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Constitution of India.

BE it enacted by the Parliament in the Seventy-fourth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment), Act, 2023.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Seventh Schedule to the Constitution:—

(a) In List I-Union List, entry 69 shall be omitted;

(b) In List III-Concurrent List, after entry 47, the following entry shall be inserted,

namely,:—

"48. Census"

Short title and

commencement.

Amendment

of the Seventh

Schedule.

BILL NO. XXI OF 2023

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

1. An objective and thorough census across the country will give a correct picture of

the representation of castes and communities in mainstream education and employment.

Only based on such a scientific and empirical data can we make targeted, effective, affirmative

action policies to uplift the really backward communities.

2. The states are not in a position to grant any reservation to any class or communities

for want of empirical data and any reservation laws enacted by the states are being struck

down by Constitutional Courts on the ground of lack of empirical data. Thus, the mandate

of reservation by the Constitution is being defeated.

3. The states are in need of an accurate caste census data to enact targeted welfare

measures on the basis of caste and community. Ultimately, this leads to perpetuating the

status quo and social injustice. The data collected 92 years back cannot determine the

entitlement and share of communities in this country.

4. The 73rd and 74th constitutional amendments advocated the need of strengthening

the local bodies and parts IX and IXA of the Constitution provided for a robust framework

for conducting local body elections. The prime objective was democratic decentralization

of power and participation of the oppressed and backward classes in governance. The

amendments provided for mandatory reservation for Scheduled Caste and Schedule Tribe

communities and women belonging to these communities. On the other hand, for backward

classes, the articles 243-D(6) and 243-T(6) were only enabling in nature. When States have

attempted to apply these provisions, there were legal obstacles due to which reservations

granted to Other Backward Classes (OBC) communities in local bodies have been struck

down by the Hon'ble Supreme Court. The impediment to the states to grant OBC reservations

was due to want of 'empirical data'. With the advent of 105th constitutional amendment and

insertion of article 342A(3), a State or a Union Territory can gather information for ascertaining

political backwardness of the backward classes and can specify the proportion of the

reservation required local body-wise and can prepare and maintain for its own purposes, a

list of socially and educationally backward classes.

5. However, the entry 69 in List I of the Seventh Schedule of the Constitution empowers

only the Union to conduct census. Since, a state or a Union Territory is not empowered to

conduct their own census, the population of each class or community on the basis of local

units cannot be ascertained by the states and consequentially, maintaining an accurate

head count based upon the list of backward classes contemplated under article 342A(3)

would not be possible.

6. The objectives of democratic decentralization are not only to bring governance

closer to the people, but also to make it more participatory, inclusive and accountable to the

weaker sections of the society. Reservations in local self-government are intended to directly

benefit the community as a whole rather than just the elected representatives. Despite the

fact that Parts IX and IXA were introduced in the Constitution 30 years ago, reservation in

politics and sharing of political power is still a distant dream, leaving the OBCs unrepresented

in the local self-governments.

7. Therefore, placing the entry "census" in the Concurrent List would enable both the

Union and the states to conduct their own census. The power to conduct a headcount by

the states themselves will not only be useful for maintaining an accurate list of all classes

including backward classes under article 342A(3), and collect empirical data of communities

on the basis of the local units and to grant reservations in local bodies, but also for other

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

A Bill to provide for qualifications, method of appointment and other conditions of

service of the Chief Election Commissioner, Election Commissioners and Regional

Election Commissioners establishment of a permanent Secretariat and staff for

the Election Commission of India and expenses of the

Commission and for matters connected

therewith and incidental thereto.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Election Commission of India (Reforms) Act, 2023.

(2) It shall come into force with immediate effect.

2. In this Act, unless the context otherwise requires,—

(a) "Chairperson" means the Chairperson of the Selection Committee;

(b) "Chief Election Commissioner" means the Chief Election Commissioner

appointed under clause (2) of article 324 of the Constitution;

Short title and

commencement.

Definitions.

BILL NO. XLI OF 2023

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

India established under clause (1) of article 324 of the Constitution;

(d) "Eastern Regional Zone" means the zone consisting of the States of

West Bengal, Bihar, Odisha, Jharkhand, Assam, Sikkim, Arunachal Pradesh, Nagaland,

Meghalaya, Manipur, Tripura, Mizoram and the Union Territory of Andaman and

Nicobar Islands;

(e) "Election Commissioner" means the Election Commissioner appointed under

clause (2) of article 324 of the Constitution;

(f) "Notification" means a notification published in the Official Gazette and the

expression "notify" shall be construed accordingly;

(g) "Northern Regional Zone" means the zone consisting of the States of

Uttar Pradesh, Uttarakhand, Rajasthan, Punjab, Haryana, Himachal Pradesh and the

Union Territories of Jammu & Kashmir, Ladakh, Delhi and Chandigarh;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "Regional Election Commissioner" means a Regional Election Commissioner

appointed under clause (4) of article 324 of the Constitution;

(j) "Selection Committee" means the Committee constituted under section 5 of

this Act;

(k) "Southern Regional Zone" means the zone consisting of the States of

Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana and the Union Territories

of Puducherry and Lakshadweep; and

(l) "Western Regional Zone" means the zone consisting of the States of

Maharashtra, Madhya Pradesh, Chhattisgarh, Gujarat, Goa and the Union Territory of

Dadra and Nagar Haveli and Daman and Diu.

CHAPTER II

APPOINTMENT OF CHIEF ELECTION COMMISSIONER, ELECTION COMMISSIONERS AND REGIONAL

ELECTION COMMISSIONERS

3. (1) The Election Commission of India established under clause (1) of article 324 of

the Constitution shall comprise of a Chief Election Commissioner and two or more Election

Commissioner(s) in even number.

(2) There shall be appointed one or more Regional Election Commissioner(s) for each

of the regional zones, namely, the Northern Regional Zone, Southern Regional Zone, Eastern

Regional Zone and Western Regional Zone, under clause (4) of article 324 of the Constitution.

4. (1) A person shall not be qualified for appointment as a Chief Election Commissioner,

Election Commissioner or Regional Election Commissioner unless, he or she—

(a) is a citizen of India;

(b) has attained the age of thirty-five years;

this Act, a person of impeccable integrity; and

(d) has, in the opinion of the Selection Committee, outstanding ability in matters

of election, law or public administration:

Provided that at least one of the Election Commissioners shall be a person

who has practised law for not less than ten years before any High Court or the

Supreme Court of India, or is in the opinion of the Selection Committee, an

eminent jurist.

Appointment

of Chief

Election

Commissioner,

Election

Commissioners

and Regional

Election

Commissioners.

Qualifications

and

disqualifications

for

appointment

as Chief

Election

Commissioner,

Election

Commissioners

and Regional

Election

Commissioners.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) A person shall not be eligible for appointment as Chief Election Commissioner,

Election Commissioner or Regional Election Commissioner, if he or she—

(a) has attained the age of sixty-two years; or

(b) is or has been a Member of Parliament, Legislative Assembly or Legislative

Council of a State or any local authority; or

(d) is an undischarged insolvent or has applied to be adjudicated as an insolvent

and such application is pending; or

(e) charges have been framed against him or her by a Court, for any offence

involving a punishment of one year or more; or

(f) is facing any criminal investigation for election related offences; or

(g) has been in the employment of the Central or State Government or any

Central or State owned undertaking or body or corporation or agency, or any local

authority for the preceding five years; or

(h) has been a Judge of any court in the preceding five years; or

(i) is or was an office bearer of any registered political party.

5. (1) The Chief Election Commissioner, Election Commissioners and Regional Election

Commissioners shall be appointed by the President in accordance with the recommendations

of a Selection Committee consisting of—

(a) the Prime Minister—Chairperson;

(b) the Union Minister for Law and Justice—Member;

Provided that in case, there is no such Leader of Opposition, the leader of the

party having the largest numerical strength amongst the opposition parties in the

House of the People;

(d) the Chief Justice of India or a Judge of the Supreme Court nominated by

him—Member;

(e) one eminent person from the civil society, as recommended by the Chairperson

and Members referred to in clauses (a) to (d) above, to be nominated by the President—

Member.

(2) The Selection Committee shall constitute a Search Committee consisting of

at least seven persons of impeccable integrity and having special knowledge and expertise in

matters relating to public administration, election, vigilance, finance, law, or in any other

matter which, in the opinion of the Selection Committee, may be useful in selecting candidates

for the posts of Chief Election Commissioner, Election Commissioner and Regional Election

Commissioner.

(3) The Search Committee constituted under sub-section (2) shall call for applications

and draw up a panel of persons eligible for appointment to the posts of Chief Election

Commissioner, Election Commissioner and Regional Election Commissioner.

(4) The Selection Committee shall, on the basis of a majority vote, select and recommend

names out of the panel drawn up by the Search Committee to the President for appointment

to the posts of Chief Election Commissioner, Election Commissioner and Regional Election

Commissioner.

(5) The Selection Committee shall regulate its own procedure.

(6) The Selection Committee shall also recommend to the President the number of

Election Commissioners or Regional Election Commissioners to be appointed, from time to

time.

Selection

committee to

recommend

appointment

of Chief

Election

Commissioner,

Election

Comissioners

and Regional

Election

Commissioners.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(7) The term of the Search Committee referred to in sub-section (2), the fees and

allowances payable to its members shall be such as may be prescribed by the Selection

Committee, by rules made under this Act.

6. The President shall take or cause to be taken all necessary steps for the appointment

of a Chief Election Commissioner, Election Commissioner(s) or Regional Election

Commissioner(s) at least six months before the arising of a vacancy in accordance with the

procedure laid down in this Act.

7. The Chief Election Commissioner, Election Commissioners and Regional Election

Commissioners shall, on the recommendations of the Selection Committee, be appointed by

the President by warrant under his or her hand and seal and hold office as such for a term of

three years from the date on which he or she enters upon the office or until he or she attains

the age of sixty-five years, whichever is earlier:

Provided that he or she may—

(a) by writing under his or her hand addressed to the President resign his

or her office; or

(b) be removed from his or her office in the manner provided under

clause (5) of article 324 of the Constitution.

Explanation.—For the Purpose of this section, the term of three years in respect

of the Chief Election Commissioner or an Election Commissioner or a Regional Election

Commissioner holding office before the commencement of this Act, shall be computed

from the date on which he or she had assumed office.

8. (1) The functions of the Election Commission of India shall be vested with the

Chief Election Commissioner and the Election Commissioners.

(2) The Election Commission may, by unanimous decision, regulate the procedure for

transaction of its business as also allocation of its business amongst the Chief Election

Commissioner and other Election Commissioners.

(3) Save as provided in sub-section (2), all business of the Election Commission shall,

as far as possible, be transacted unanimously:

Provided that if the Chief Election Commissioner and Election Commissioners

differ in opinion on any matter, such matter shall be decided according to the opinion

of the majority.

(4) The Election Commission shall carry out its functions in accordance with the

provisions of the Constitution, Representation of the People Act, 1950, the Representation

of the People Act, 1951 and all applicable laws.

(5) A Regional Election Commissioner shall assist and aid the Election Commission in

the discharge of its functions within his or her regional zone by performing such tasks as

may be assigned to him or her from time to time by the Commission, implementing the orders

of the Commission and submitting such reports as he or she deems fit pertaining to the

conduct of elections within his or her regional zone.

(6) A Regional Election Commissioner shall be bound by the orders of the Election

Commission.

(7) The Election Commission shall exercise complete superintendence and control

over the Chief Electoral officers, District Election Officers, Returning Officers, Polling Officers

and all officials appointed for the conduct of elections under the Representation of the

People Act, 1951 for the purposes of and during the conduct of elections.

Filling up of

vacancies of

Chief Election

Commissioner,

Election

Commissioner

and Regional

Election

Commissioner.

Term of

office of

Chief

Election

Commissioner,

Election

Commissioners

and Regional

Election

Commissioners.

Functions of

the Election

Commission

of India.

43 of 1950.

43 of 1951.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(8) Subject to the provisions of the Representation of the People Act, 1950, the

Representation of the People Act, 1951 and other applicable laws, the Election Commission

shall, before every election to the House of the People Legislative Assembly of a State or

Legislative Council of a State having such Council, publish a Model Code of Conduct for the

candidates, political parties, Government servants, press and media and other persons,

whose conduct in the opinion of the Commission, must be regulated.

(9) The Chief Election Commissioner, Election Commissioner and Regional Election

Commissioner shall act in good faith in order to hold free and fair elections and shall exercise

independent judgement.

9. (1) There shall be paid to the Chief Election Commissioner and other Election

Commissioners a salary which is equal to the salary of a Judge of the Supreme Court:

Provided that if a person who, before the date of assuming office as the Chief

Election Commissioner or, as the case may be, an Election Commissioner, was in receipt

of, or being eligible so to do, had election to draw, a pension (other than a disability or

wound pension) in respect of any previous service under the Government of the

Union or under the Government of a State, subject to the provisions of

clause (g) of sub-section (2) of section of this Act, his or her salary in respect of

service as the Chief Election Commissioner or as the case may be, an Election

Commissioner shall be reduced—

(a) by the amount of that pension; and

(b) if he or she had, before assuming office, received, in lieu of a portion of

the pension due to him or her in respect of such previous service, the commuted

value thereof, by the amount of that portion of the pension.

(2) There shall be paid to the Regional Election Commissioner a salary which is equal

to the salary of a Judge of the High Court:

Provided that if a person who, before the date of assuming office as the Regional

Election Commissioner was in receipt of, or being eligible so to do, had election to

draw, a pension (other than a disability or wound pension) in respect of any previous

service under the Government of the Union or under the Government of a State,

subject to the provisions of clause (g) of sub-section (2) of section of this Act, his or

her salary in respect of service as the Regional Election Commissioner shall be

reduced—

(a) by the amount of that pension; and

(b) if he or she had, before assuming office, received, in lieu of a portion of

the pension due to him or her in respect of such previous service, the commuted

value thereof, by the amount of that portion of the pension.

10. (1) Any other person who is appointed as the Chief Election Commissioner or an

Election Commissioner or a Regional Election Commissioner may be granted leave in

accordance with such rules as are for the time being applicable to a member of the Indian

Administrative Service.

(2) The power to grant or refuse leave to the Chief Election Commissioner or an

Election Commissioner or a Regional Election Commissioner and to revoke or curtail leave

granted to him or her, shall vest in the President.

11. (1) Where the Chief Election Commissioner or an Election Commissioner demits

office in any manner as specified under section 7 of this Act, he or she shall, on such

demission be entitled to—

(a) a pension which is equal to the pension payable to a Judge of the Supreme

Court in accordance with the provisions of Part III of the Schedule to the Supreme

Court Judges (Conditions of Service) Act, 1958, as amended from time to time; and

43 of 1950.

43 of 1951.

Salaries and

allowances.

Leave.

Pension

payable to

Election

Commissioners.

41 of 1958.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) such pension (including commutation of pension), family pension and gratuity

as are admissible to a Judge of the Supreme Court under the said Act and the rules

made thereunder, as amended from time to time.

(2) Where the Regional Election Commissioner demits office, he or she shall, on such

demission be entitled to—

(a) a pension which is equal to the pension payable to a Judge of the High Court

in accordance with the provisions of Part III of the Schedule to the High Court Judges

(Salaries and Conditions of Service) Act, 1954, as amended from time to time; and

(b) such pension (including commutation of pension), family pension and gratuity

as are admissible to a Judge of the High Court under the said Act and the rules made

thereunder, as amended from time to time.

(3) Except where the Chief Election Commissioner or an Election Commissioner or a

Regional Election Commissioner demits office by resignation, he or she shall be deemed, for

the purposes of this Act, to have demitted his or her office if, and only if,—

(a) he or she has completed the term of office specified in section 7, or

(b) he or she has attained the age of sixty-five years, or

ill-health.

12. Save as otherwise provided in this Act, the conditions of service relating to travelling

allowance, provision of rent-free residence and exemption from payment of income-tax on

the value of such rent-free residence, conveyance facilities, sumptuary allowance, medical

facilities and such other conditions of service for—

(i) The Chief Election Commissioner and Election Commissioners shall be as

applicable to a Judge of the Supreme Court under Chapter IV of the Supreme Court

Judges (Conditions of Service) Act, 1958 and the rules made thereunder, as amended

from time to time; and

(ii) for a Regional Election Commissioner shall be as applicable to a Judge of a

High Court under Chapter IV of the High Court Judges (Salaries and Conditions of

Service) Act, 1954 and rules made thereunder, as amended from time to time.

13. (1) The Election Commission shall have a permanent Secretariat comprising of

such number and categories of officers and other employees as may be determined by the

Commission in consultation with the Central Government to assist the Commission in the

discharge of its functions by rules made under this Act.

(2) The recruitment of the officers and other employees of the Commission shall be

made by the Commission in accordance with rules that may be prescribed by the Commission

under this Act in consultation with the Central Government.

(3) The officers and other employees of the Commission shall discharge their functions

under the general superintendence, control and direction of the Commission.

(4) The salaries and allowances and other conditions of service of the officers and

other employees of the Commission shall be prescribed by rules framed by the Commission

in consultation with the Central Government.

(5) Subject to sub-section (3), the Chief Election Commissioner shall exercise

administrative control over the officers and other employees of the Commission.

14. (1) The expenses of the Election Commission of India including the salaries,

allowances and pensions payable to the Chief Election Commissioner, Election Commissioners,

Regional Election Commissioners and the officers and other employees of the Commission

shall be charged on the Consolidated Fund of India.

41 of 1958.

28 of 1954.

Other

conditions of

service.

Permanent

Secretariat and

staff of the

Commission.

Expenses of

the Election

Commission.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) The Election Commission shall maintain proper accounts and other relevant records

and prepare an Annual Statement of Accounts in such form as may be prescribed and shall

submit it to the President, who shall cause it to be laid before each House of Parliament within

such time frame as may be prescribed.

15. No suit, prosecution or other legal proceedings shall lie against the Chief Election

Commissioner, Election Commissioner, Regional Election Commissioner or any officer or

employee of the Election Commission in respect of anything which is in good faith or intended

to be done under this Act or any rule or order made thereunder.

16. The Chief Election Commissioner, Election Commissioner, Regional Election

Commissioner, officers and other employees of the Election Commission shall be deemed,

when acting or purporting to act in pursuance of any of the provisions of this Act, to be

public servants within the meaning of section 21 of the Indian Penal Code.

17. With effect from the date of this Act coming into force, no civil court shall have

jurisdiction to entertain any suit, petition or appeal in respect of any order or decision of the

Election Commission.

18. The provisions of this Act shall have effect, notwithstanding anything inconsistent

therewith contained in any other law for the time being in force other than this Act or in any

instrument having effect by virtue of any such law other than this Act.

19. (1) The Election Commission (Conditions of Service of Election Commissioners

and Transaction of Business) Act, 1991 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said

Act shall be deemed to have been done or taken under the corresponding provisions of this

Act.

20. (1) The Election Commission may, in consultation with the Central Government, by

notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made,

before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or regulation, or both Houses agree

that the rule should not be made, the rule shall thereafter have effect only in such modified

form or be of no effect, as the case may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done under that

rule.

Protection of

action taken in

good faith.

Members and

staff of

Election

Commission

to be public

servants.

Bar of

jurisdiction.

Act to have

overriding

effect.

Repeal and

savings.

Power to

make rules.

11 of 1991.

45 of 1860.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The words 'democratic republic' are the cornerstones of the Constitution of India.

A democracy requires that there should be periodic, free and fair elections, so that people

are in a position to elect representatives of their choice, as an effective instrument of

ascertaining popular will. The concept of a 'republic' envisages a State in which the people

are supreme, there is no privileged class and all public offices are open to every citizen

without discrimination.

2. Free and fair elections are the most important facets of democracy. They are meant

to ascertain true popular will and are not mere rituals to generate an illusion of choice.

Article 324 of the Constitution entrusts the power to conduct elections, to an independent

body, viz., the Election Commission of India (ECI). Dr. B.R. Ambedkar, in one of his debates,

articulated that the election machinery be outside the control of the Executive Government.

The Constituent Assembly, from the very beginning, was keen to entrust the job of conducting

elections to an independent body and therefore, expected a Parliamentary Law under clause

(2) of article 324 relating to appointments of the Chief Election Commissioner (CEC) and the

other Election Commissioners (ECs). Thus, the Constitution-makers wanted to keep the

posts of the Chief Election Commissioner and the Election Commissioners outside the sole

control of the Executive Government. However, the Hon'ble President of India continues to

appoint the CEC and the ECs solely on the basis of aid and advice of the Council of

Ministers, thus defeating the objective envisaged by the Constitution makers.

3. Institutions shall remain strong only so long as the public have faith in them.

Considering the sensitive nature of the Election Commission's task, if the public perceive

the institution as corrupt, partisan or biased, it loses its vitality. Therefore, it is imperative

that the ECI is manned by officers who are impartial, independent, and possess impeccable

integrity. In order to avoid appointing career bureaucrats, and to facilitate appointment of

independent members of civil society as heads of the ECI so as to protect the institutional

integrity of the ECI, the mode of appointment qualifications and disqualifications, term of

office and other conditions of service of the CEC and ECs are set out in the Bill.

4. There is also a dire need to appoint Regional Election Commissioners who are

conversant with the affairs of the States. India is the 7th largest country in the world in

terms of area and the largest democracy in the world. Our country is the most linguistically

diverse country in the world, having a total of 456 languages. For such a large democracy,

it is a herculean task for the three Election Commissioners sitting in Delhi to handle elections

across the length and breadth of the country and decide on all the election related issues

that crop up from time to time. In order to make the functioning of the ECI more inclusive and

broad based, it is high time that Regional Election Commissioners are appointed so that

they bring more perspective into the functioning of the ECI. Appointment of Regional

Election Commissioners would ensure that the ECI takes into consideration the needs of

the population at the grass root level.

5. The appointments of the Chief Election Commissioner and Election Commissioners

have to be insulated from political whims and fancies and therefore, must be on the basis of

the recommendations of a high powered Selection Committee similar to the Selection

Committee constituted for the appointment of the CBI Director, Lokpal and Lokayuktas.

Only by ensuring that the appointment of the CEC and the ECs is transparent, objective and

non-partisan, can we expect the ECI to be a neutral body.

6. Under clause (2) of article 324, the drafters of the Constitution bestowed upon

Parliament, the power to enact a law pertaining to the appointment of the Chief Election

Commissioner and other Election Commissioners. However, no such law has been enacted.

7. Another aspect is that the ECI cannot be truly impartial unless it has a permanent

Secretariat, staff and its expenditure is charged from the Consolidated Fund of India. Only

this will truly liberate the ECI and ensure its independence. Since, there has to be some

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

mechanism to check its expenditure and excesses, the ECI can be made responsible to both

Houses of Parliament in so far as its expenditure is concerned.

8. Recently, in a judgment, the Supreme Court of India has held that till such time,

Parliament makes a law in this regard, appointments to the posts of Chief Election

Commissioner and the Election Commissioners shall be done by the President of India on

the basis of the advice tendered by a Committee consisting of the Prime Minister of India,

the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the

Leader of the party having the largest numerical strength amongst the parties in opposition

in the Lok Sabha and the Chief Justice of India. The Court has also requested the Union

Government to consider bringing in laws to ensure that the ECI gets a permanent Secretariat

and staff and is not dependent on the Union Government for its funding.

9. That apart, one of the fundamental flaws of the ECI is that it does not have a legal

member, though it adjudicates disputes having civil consequences. It is well settled that

any Tribunal or Commission that performs adjudicatory functions must have a legal member.

In the absence of such a legal mind, often, binding judgments of the Constitutional Courts

are ignored by the Commission in passing orders leading to further litigation.

10. It is, therefore, proposed to introduced a Bill to provide for a comprehensive law

for establishing the procedure for appointing the Chief Election Commissioner, Election

Commissioners and the Regional Election Commissioners in four Regional Zones, namely,

Northern, Southern, Eastern and Western.

The Bill seeks to achieve these objectives.

P. WILSON

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Sub-clause (2) of Clause 5 of the Bill provides for the constitution of a Search Committee

for calling applications and drawing up a panel of persons eligible for appointment as

Chief Election Commissioner, Election Commissioners and Regional Election Commissioners

and sub-clause (7) of Clause 5 of the Bill provides for the fees and allowances of members

of the Search Committee. Clause 9 of the Bill provides for the salaries and allowances of the

Chief Election Commissioner, Election Commissioners and Regional Election Commissioners

and Clause 11 for their pensions. Clause 13 of the Bill provides for the establishment of a

permanent Secretariat for the Election Commission with such number and category of officers

and other employees to assist the Commission in the discharge of its functions and Clause 12

of the Bill provides for other conditions of service of the Chief Election Commissioner,

Election Commissioners, Regional Election Commissioners, officers and other employees

of the Commission. Clause 14 of the Bill provides that the all expenses of the Election

Commission of India shall be charged on the Consolidated Fund of India.

Therefore, the Bill if enacted, is likely to involve an expenditure, both of recurring and

non-recurring nature, of about One thousand Crore rupees annually from the Consolidated

Fund of India.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. In article 102 of the Constitution, after clause (2), the following proviso shall be

inserted, namely:—

"Provided that a member of either House of Parliament belonging to any political party

who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule

shall continue to be disqualified for a further period of six years from the date of his

disqualification."

3. In article 191 of the Constitution, after clause (2), the following priviso shall be

inserted, namely:—

"Provided that a member of Legislative Assembly of a State or either House of the

Legislature of a State having Legislative Council belonging to any political party who is

disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall

continue to be disqualified for a further period of six years from the date of his disqualification."

4. In the Tenth Schedule to the Constitution—

(i) in paragraph 1, for clause (a), the following clauses shall be substituted,

namely—

'(a) "Adjudicating Committee" means a committee appointed to pass any

order or decision under this Act.

(aa) "House" means either Houses of Parliament or the Legislative

Assembly or, as the case may be, either House of the Legislature of a State;'

(ii) for paragraph 4, the following paragraph, shall be substituted, namely:—

"4. (1) The Members of a House, comprising not less than one-third of the

total membership of a political party of that House, who—

(a) give up the membership of their original political party and merge

with another political party, or

(b) form a new political party and function independently, shall be

liable to disqualification under paragraph 2 of the Tenth Schedule and

their seats in the House shall automatically be vacated, as per the provisions

of sub-clause (a) of clause (3) of article 101 of the Constitution and such

members shall have to seek fresh elections to the House, if they so desire.

(2) In the event of defection by members of the House of the People or of

the Legislative Assembly of a State, comprising not less than one-third of the

total membership of a political party in that House, a special session shall be

convened for the purpose of discussion and voting on a motion expressing

confidence or want of confidence in the Council of Ministers within a period of

forty-eight hours, from the date of vacation of seat(s) by such Member(s) on

defection.

(iii) for paragraph 6, the following paragraph shall be substituted, namely:—

(1) If any question arises as to whether a member of a House has become

subject to disqualification under this Schedule, the question shall be referred for

the decision of a three-member Adjudicating Committee, constituted in such

manner as the President may determine, comprising the following:

(a) a retired Judge of the Supreme Court as Chairperson;

(b) a retired Judge of the High Court as Member;

(2) No person who has held office as a judge of the Supreme Court or as

the Chief Election Commissioner shall be appointed as a member of the

adjudicating committee before the expiry of six years from the date he ceases to

hold such office.

Amendment

of article 102.

Amendment

of article 191.

Disqualification

and vacation

of seat in

cases of

merger etc.

Amendment

of the Tenth

Schedule.

Decisions on

question as to

disqualification

on ground of

defection.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India's political system has undergone tremendous changes since independence. While

the formation of coalition governments since 1960s has on the one hand helped ensure wider

representation and diversity of voices in the governance system, it has also parallelly increased

the instances of political manoeuvring. Accordingly, India enacted anti-defection law in

1985. However, despite the legislation being in force, elected representatives have been

using various loopholes in the laws to continually pursue defection.

Such a defection mostly arising out of the power tussle and political considerations

often erodes the public trust in the fundamentals of a democracy. Paragraph (4) of the Tenth

Schedule to the Constitution which validates mergers, where two-thirds of the members of a

legislative party have consented to such merger, remains in effect as a tool of misuse by

majority of the legislators.

The Tenth Schedule of the Constitution as it originally existed recognised the concept

of 'split' if one-third members of any political party decided to form a new political party or

join another political party. However, this provision was later modified by the Constitution

amendment in 2003. While the anti-defection law aims at preventing horse-trading of the

legislators, the extant provisions in Tenth Schedule fails to prevent such practices by way of

misuse of loopholes therein. The defections are often instigated not by independent individual

disagreement of the members, but rather by use of money and muscle power.

Additionally, putting the final authority to decide the cases of disqualification in cases

of defection on the Speaker of the House may also compromise the decision. Hence, to

provide for greater independence, fairness, and impartiality, there is a need to refer such a

decision to a separate Adjudicating Authority.

Therefore, this Bill provides for immediate disqualification of a candidate who defects

from a political party and vacation of his seat necessitating him to seek fresh mandate. Such

a clause shall ensure that the legislators have a moral responsibility to the political party and

to the people who trust him at large.

Hence, this Bill.

PRIYANKA CHATURVEDI

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

2. In this Act, unless the context otherwise requires,—

(a) "facial recognition technology" means an algorithm based automated or

semi-automated technology which is employed to identify, verify, map and match

individual's facial features, including 1:1 identification and 1: N verification system, to

infer emotions, associations or activities of the individual;

(b) "face surveillance" means the use of facial recognition technology to track,

analyse, observe movements, behaviour, data, or actions of an individual or groups of

individuals;

(i) in relation to a metropolitan area, the Metropolitan Magistrate; or

(ii) in relation to any other area, the Judicial Magistrate of the first class.

(d) "other remote biometric recognition" means any form of automated or semi-

automated process used to assist in identifying an individual, trace an individual or

otherwise surveil information about an individual, which may include voice recognition

technology, logs to infer characteristics of the individual but does not include finger

prints and palm prints;

(e) "police officer" means an officer in-charge of a police-station or a

police officer making an investigation under Chapter XII of the Code of Criminal

Procedure, 1973, or any other police officer not below the rank of Sub-Inspector; and

(f) "prescribed" means prescribed by rules made under this Act.

3. (1) Unless otherwise stated under this Act, no police officer, police agency or central

investigation agency shall be allowed to acquire, possess, access or use facial recognition

technology or other remote biometric recognition to identify, trace or otherwise surveil the

origin of any individual for any criminal investigation, identification or inquiry:

Provided that nothing contained in this section shall apply to offences committed

which affect or endanger the national security of India, or such offences which threaten the

unity and integrity of India.

(2) Subject to provision of sub-section (1), a police officer shall obtain the order of a

Magistrate for utilising facial recognition technology or other remote biometric recognition

in the identification, investigation or inquiry of the offence, in such manner as may be

prescribed.

(3) The use of facial recognition technology or other remote biometric recognition

shall not be considered within the ambit of 'measurements' as provided under the Criminal

Procedure (Identification) Act, 2022.

(4) The use of facial recognition technology shall not be employed to identify persons

only on the basis of race, caste, religion, gender, sexual orientation, political ideology, place

of birth, face surveillance or any of them.

4. (1) The National Crime Records Bureau shall, in the interest of prevention, detection,

investigation and prosecution of any offence under any law for the time being in

force,—

(a) collect the record of face surveillance and/or other remote biometric

recognition record from State Government or Union Territory Administration or any

other law enforcement agencies;

(b) store, preserve and destroy the record of face surveillance and/or other

remote biometric recognition records at national level;

Definitions.

Use of Facial

Recognition

Technology in

certain

offences.

Collection,

storing,

preservation

of face

surveillance

and/or other

remote

biometric

recognition

records.

2 of 1974.

11 of 2022.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(d) share and disseminate such records with any law enforcement agency, in

such manner as may be prescribed.

(2) The record of face surveillance and/or other remote biometric recognition records

shall be retained in digital or electronic form for a period of seventy-five years from the date

of collection of such measurement:

Provided that where any person, who has not been previously convicted of an offence

punishable under any law with imprisonment for any term, has had his face surveillance and/

or other remote biometric recognition records taken according to the provisions of this Act,

is released without trial or discharged or acquitted by the court, after exhausting all legal

remedies, all records so taken shall, unless the Court or Magistrate, for reasons to be recorded

in writing otherwise directs, be destroyed from records.

(3) The State Government and Union Territory Administration may notify an appropriate

agency to collect, preserve and share the face surveillance and/or other remote biometric

recognition records in their respective jurisdictions.

5. (1) Where the Magistrate is satisfied that, for the purpose of any investigation or

proceeding under the Code of Criminal Procedure, 1973 or any other law for the time being in

force, it is expedient to direct any person to give face surveillance and/or other remote

biometric recognition records under this Act, the Magistrate may make an order to that effect

and in that case, the person to whom the order relates shall allow the face surveillance and/

or other remote biometric recognition records to be taken in conformity with such directions.

(2) No person shall be denied a reasonable opportunity of being heard before allowing

the deployment of facial recognition technology or other remote biometric recognition

techniques as may be required, in such manner as may be prescribed.

6. No suit or any other proceeding shall lie against any person for anything done, or

intended to be done in good faith under this Act or any rule made thereunder.

7. (1) The Central Government or the State Government may, by notification in the

official Gazette, make rules for carrying out the purposes of this Act;

(2) Every rule made under this Act shall be laid, as soon as may be after it is made,

before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both the Houses agree that the

rule should not be made, the rule shall thereafter have effect only in such modified form or be

of no effect, as the case may be; so, however, that any such modification or annulment shall

be without prejudice to the validity of anything previously done under that rule;

(3) Every rule made by the State Government under this Act shall be laid, as soon as

may be after it is made, before each House of State Legislature where it consists of two

Houses, or where such Legislature consists of one House, before that House.

8. The provisions of this Act and rules made thereunder shall have effect

notwithstanding anything inconsistent therewith contained in any other law for the time

being in force.

9. (1) The Criminal Procedure (Identification) Act, 2022 is hereby repealed to the extent

of powers accorded in this Act to use of facial recognition technology or other remote

biometric recognition techniques;

(2) Any regulation, or any proceedings taken, any rule made or any direction given or

any proceedings taken or any penalty or fine imposed under the repealed Identification of

Prisoners Act, 1920 shall, in so far as it is not inconsistent with the provisions of this Act, be

deemed to be void;

Power of

Magistrate to

allow the

investigating

agencies to

take face

surveillance

and/or other

remote

biometric

recognition

records.

Bar of

Proceedings or

suit.

Power to make

rules.

Act to have

over

riding

effect.

Repeal

and

savings.

11 of 2022.

2 of 1974.

33 of 1920.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The advancement in the field of technology has created ripples in other domains of

social life, such as governance, communication, service delivery and also law enforcement.

Technology can be a friendly servant but a dangerous master. The development of Facial

Recognition Technology (FRT) has a significant potential of improving the efficiency of law

enforcement agencies.

2. However, unregulated utilisation of such technology by the law enforcement agencies

in the background of absence of a strong data protection law in the country can have several

unintended consequences emanating from the possible misuse. This may primarily include

misidentification, inaccuracy of the technology, machine bias etc.

3. In the case of Sadhan Haldar vs. NCT of Delhi, the Hon’ble High Court of Delhi

allowed the use of technology for identification of missing children. However, there have

been several reported instances where Central as well as State level agencies have used

technologies to track persons involved in protests against the government. In this light, the

legality of use of the technology requires introspection.

4. Given the immense potential of the technology in several aspects of law enforcement,

such as identification of missing persons, prevention of crimes, boosting security systems,

faster processing of data etc., there is a need to strike a balance in a way that the technologies

such as FRT and other remote biometric recognition techniques would be used by law

enforcement agencies within the permissible bounds of constitutional right to privacy and

right against self-incrimination.

5. Thus, there is a need to demarcate the offences for which such a technology may be

deployed in the course of investigation, identification and inquiries.

The Bill seeks to achieve the above-mentioned objective.

PRIYANKA CHATURVEDI

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Constitution of India, after article 44, the following new article shall be inserted,

namely:—

"44A. The State shall take all necessary steps to control population growth by promoting

small family norms by all reasonable incentives and education through print and electronic

media and other means as may be deemd appropriate to achieve a stable population."

3. In article 51A, after clause (k) the following shall be inserted, namely:—

"(l) to encourage, incentivise and adopt small family norms and set targets

towards achieving a stable population."

Short title and

commencement.

Insertion of

new article

44A.

Control of

population.

Amendment

of article 51A.

BILL NO. XCVI OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

India is the second most populous country after China with the highest birth rate in the

world. According to a report, India is slated to become the world's most populous country

with a population of 1.6 billion by 2030.

India has had a State-sponsored family planning programme since 1951. Of late, the

programme has shown some results. The Total Fertility Rate (TFR) has fallen from around 6

at the time of independence, to around 2.3. The results of the programme have, however,

been skewed. It is very unfortunate that despite the availability of various birth control

means and family planning programmes, the population is continuing to rise menacingly.

This has caused over-crowding due to which law and order situation is also deteriorating.

Unemployment is rising rapidly causing frustration amongst unemployed, particularly amongst

the youth who are being lured by anti-national and anti-social elements. There is unparallel

transformation of human values, social institutions and economic structures. Agricultural

land holdings are becoming smaller and smaller and farming is becoming uneconomical. As

a result, many farmers are committing suicides. The housing needs are far beyond the available

finances and the shortage is appalling. Educational and health care facilities are far from

satisfactory. If the population is not stabilized, achieving a quality life would be a distant

proposition.

Further, the benefits of collective efforts of national building have been squandered

by the rise in population or evident from economic data. India's per capita GDP in 1998 was

413 dollars and it has grown to about 2016 dollars in the year 2018. However, during this

period, our population is estimated to have grown from 1 billion to 1.4 billion. Had there been

a stable population during this period, the per capita GDP would have been higher by

another 40 per cent. Certainly, a rising population limits the ability of the State to provide

better quality of life to its citizens, since a large chunk of national income is spent on

maintaining the existing facilities.

It is, therefore, imperative that a focused approach must be taken to check the increasing

population. The Bill seeks to insert a new article in Part IV of the Constitution enjoining upon

the State to take all steps to control population growth by promoting small family norms and

achieve a stable population. The Bill also makes it a fundamental duty for citizens to adopt

small family norms and work towards achieving a stable population in the country.

The Bill seeks to achieve the above objectives.

Hence, this Bill.

DR. ANIL SUKHDEORAO BONDE

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

A Bill to provide for regulation of marriage bureaus for prevention of malpractices and

misuse of marriage registration facility and for matters connected therewith or

incidental thereto.

BE it enacted by Parliament in the Seventy-third year of the Republic of India as

follows:—

1. (1) This Act may be called the Marriage Bureau (Regulation) Act, 2022.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

(a) “appropriate Government” means in the case of a State, the Government of

that State and in other cases, the Central Government;

(b) “identity proofs” means any of the following,—

Short title and

Commencement.

Definitions.

BILL NO. XCVIII OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(i) valid passport;

(ii) voter Identity Document;

(iii) Aadhaar Card;

(iv) any photo identity card issued by the State Government or the Central

Government or Public Sector Undertakings or banks;

(d) “marriage bureau” means a bureau or institution consisting of a person or

group of persons, which carries on the activity of helping the unmarried persons

including divorcees, widows and widowers, desirous of getting married, registered

with the bureau, in finding a suitable match for them by arranging to bring them

together;

(e) ‘parties’ means the husband and wife whose marriage has been solemnized;

(f) ‘prescribed’ means prescribed by rules made under this Act;

(g) ‘Registrar’ means a Registrar of Marriage Bureaus and Marriages appointed

under this Act;

(h) ‘Registrar-General’ means the Registrar-General of Births, Deaths and

Marriages appointed by the appropriate Government under the Births, Deaths and

Marriages Registration Act, 1886.

3. (1) The appropriate Government may, by notification in the official Gazette, appoint

as many persons, as it may consider necessary to be the Registrar of Marriage Bureaus and

Marriages for such area or areas as may be specified in such notification;

(2) The Registrar shall exercise such powers and duties as may be prescribed and shall

work under the general superintendence and control of the Registrar-General.

4. From the date of coming into force of this Act, every marriage bureau and every

marriage in the country shall be registered with the Registrar of Marriage Bureaus and

Marriages.

5. (1) Any person or group of persons desirous of conducting or running a marriage

bureau shall apply for registration of such marriage bureau to the Registrar, in such manner

with such fees and documents as may be prescribed.

(2) The Registrar shall, upon reviewing an application received under sub-section (1),

after scrutiny thereof, register such marriage bureau and grant a certificate of registration to

such bureau, in the prescribed form.

(3) The registration certificate so granted shall be displayed prominently by such

bureau in its registered office premises.

(4) Every such marriage bureau shall renew its registration after every two years from

the date of grant of such certificate on payment of the prescribed renewal fee.

(5) No marriage bureau shall carry on or conduct its activities as the marriage bureau,

except at its registered office as specified in the registration certificate granted under

sub-section (2).

(6) Every marriage bureau shall conduct its activities strictly as per the terms and

conditions of the registration granted under sub-section (2).

(7) Contravention of any of the provisions of the Act by a marriage bureau shall make

the registration of such bureau liable for cancellation:

Provided that registration of a marriage bureau shall not be cancelled without giving a

reasonable opportunity of being heard, to the concerned bureau.

6 of 1886.

Appointment

of Registrar of

Marriage

Bureaus and

Marriages.

Marriage

bureaus and

marriages to

be registered.

Registration

of marriage

bureaus and

marriages.

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[PART II—

(8) Any marriage bureau aggrieved by the order of the Registrar refusing to register or

renew the registration of the bureau or regarding cancellation of the registration may, appeal

against such order to the Registrar-General in such manner as may be prescribed.

6. (1) It shall be mandatory for every marriage bureau to obtain a copy of a valid

identity proof from every desirous to be registered with the bureau and to maintain a record

of the parties in such form and manner as may be prescribed.

(2) Privacy of information shared by the parties with the marriage bureau shall be

maintained by the marriage bureau and shall only be furnished to law enforcing, investigating

or Government agencies upon a written request received therefrom.

(3) No marriage bureau shall convert or attempt to convert, either directly or otherwise,

any other person from one religion to another by use or practice of misrepresentation or any

fraudulent means, or by promise of marriage, nor shall any person abet to or conspire for

such conversion.

7. For the purpose of facilitating the proof of marriages, the Registrar shall provide that

the parties to any such marriages shall have the particulars of their marriages entered in such

manner and subject to such condition as may be prescribed.

8. Consultancy fee payable to the marriage bureau by the parties shall be a reasonable

amount which shall be fixed by the Registrar-General in the manner as may be prescribed.

9. Whoever contravenes or attempts to contravene or abets the contravention of the

provisions of this Act, shall be punished with a fine which may extend to ten thousand

rupees for the first violation and up to twenty five thousand rupees for second and subsequent

violations.

10. The provisions of this Act shall have effect notwithstanding anything inconsistent

therewith contained in any other law, for the time being in force, relating to marriage bureaus.

11. The provisions of this Act shall be in addition to and not in derogation of any other

law for the time being in force.

12. (1) The Central Government or the State Government may by notificaton in the

Official Gazette make rules for carrying out the purpose of this Act.

(2) Every rule made by the Central Government under this section shall be laid, as soon

as may be after it is made, before each House of Parliament while it is in session for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule or

both Houses agree that rule should not be made, the rule shall thereafter have effect only in

such modified form or be of no effect, as the case may be; so however, that any such

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

Duties of

marriage

bureau.

Registration

of particulars

of marriage.

Consultancy

fee.

Penalty.

Overriding

effect of the

Act.

Act not to be

in derogation

of any other

law.

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Marriage bureaus are popular match making services in India where parties interested

in marriage register their names with them and the bureau suggests to them suitable matches

from their database. Most marriage bureaus are community based where one can easily find

a partner as per their liking, mother tongue, country, religion, occupation and more. The

matches are suggested by the bureaus directly to the candidates or the parents of the

candidates when they visit the bureau or through correspondence, emails and phone calls.

Some marriage bureaus arrange meetings between suitable matches as well. Running a marriage

bureau may also be a good source of income as the expenses are low while the income is

high. Many marriage bureaus in cities like Mumbai, Delhi, Pune and Bangalore charge between

one thousand to five thousand rupees for each registration.

In some Indian States, registration of marriage bureaus is being done as per established

laws. But in most States, services by bureaus are being misused for making false promises or

false profile of marriage. Besides some of the marriage bureaus do not keep the personal

information of the parties secured and confidential. Further, marriage bureaus do not have

stringent ‘Know Your Customer’(KYC) procedures in place and hence, readily accept

documents or facts provided by fake profiles which result in commission of fraud. Therefore,

it is imperative to provide for regulation of marriage bureaus in India in order to prevent

malpractices and misuse of marriage registration facility as well as to maintain a record of

parties with sufficient proof alongwith other details.

Thus, there is an urgent need to provide registration and regulation of marriage bureaus.

Hence, this Bill.

DR. ANIL SUKHDEORAO BONDE

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

A Bill to prohibit interfaith marriages by unlawful conversion and for matters

connected therewith or incidental thereto.

BE it enacted by the Parliament in the Seventy-fourth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Interfaith Marriages by Unlawful Conversion

(Prohibition) Act, 2023.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette appoint.

2. In this Act, unless the context otherwise requires:—

(a) "appropriate Government" means in the case of a State, the Government of

that State and in other cases, the Central Government;

(b) "Family Courts" means the family courts as established under the Family

Courts Act, 1984;

religions;

Short title and

commencement.

Definitions.

BILL NO. XXXVI OF 2023

66 of 1984.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) "offence" means the offence of performing an interfaith marriage for the sole

purpose of unlawful conversion, as per section 5 of this Act;

(e) "prescribed" means prescribed by rules made under this Act;

(f) "religion" means any organized system of worship pattern, faith, belief, worship

or life-style as prevailing in India or any part of it and defined under any law or custom

for the time being in force;

(g) "spouse" means either the husband or wife in the interfaith marriage; and

(h) "unlawful conversion" means convert or attempt to convert any person from

one's own religion to another by use or practice of misrepresentation, force, undue

influence, coercion, allurement or by any fraudulent means and is not in accordance

with the law of the land.

3. (1) Notwithstanding anything contained in any other law for the time being in force

or in any custom or ritual of any community, religion, tribe or caste, interfaith marriage, which

is done for the sole purpose of unlawful conversion of one spouse, either before or after the

marriage, is hereby prohibited.

(2) Without prejudice to the generality of the provisions contained in sub-section (1),

the appropriate Government shall issue necessary directions for carrying out the purposes

of this Act, in such manner as may be prescribed.

4. Any interfaith marriage, which is done for the sole purpose of unlawful conversion

of one spouse, either before or after the marriage, shall be declared void by the Family Court

having jurisdiction in the area where such interfaith marriage has taken place, or where

Family Court is not established, the Court having jurisdiction to try such case on a petition

presented by either party thereto against the other party of the marriage, in such manner as

may be prescribed.

5. Whoever performs or takes part in an interfaith marriage which is done for the sole

purpose of causing unlawful conversion of one spouse, either before or after the marriage,

shall be guilty of having committed an offence of performing an interfaith marriage for the

sole purpose of unlawful conversion.

6. Notwithstanding anything contained in any other law for the time being in force,

whoever commits an offence under this Act, shall on conviction by a Court of Law be

punishable with rigorous imprisonment, which shall not be less than five years but which

may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees.

7. When an offence is committed under this Act, each of the following persons shall

be deemed to have taken part in committing the offence and to be guilty of the offence,—

(a) every person who actually does the act which constitutes the offence;

(b) every person who aids or abets another person in committing the offence;

aiding another person to commit the offence; and

(d) any person who counsels, convinces or procures any other person to commit

the offence.

8. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every

offence committed under this Act shall be cognizable and non-bailable and triable by the

Court of Sessions.

5 of 1973.

Prohibition

of interfaith

marriages

done for the

sole purpose

of unlawful

conversion.

Interfaith

marriage done

for the sole

purpose of

unlawful

conversion or

vice-versa to

be declared

void.

Offence of

performing an

interfaith

marriage for

the sole

purpose of

unlawful

conversion.

Penalty.

Parties to the

offence.

Offences to be

cognizable and

non-bailable.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

9. (1) The Central Government may by notification in the Official Gazette make rules

for carrying out the purposes of this Act.