Landmark legislations and policies

Introduction

Kerala has been an ideal Indian state in progressive legislation with far-reaching implications. Kerala has received several awards for achievement through legislation. This results in dynamism and progress in the economic, political and social arena in India. “Travancore Legislative Council” in 1888 began the legislative process through regulation with various Acts. The Legislature of the Union in India is known as a parliament that includes the President and two houses, one is the Council of States or Rajya Sabha and another is House of the People or Lok Sabha. Parliament in India has functions of legislation, passing budgets, monitoring administration and other functions like discussing developing plans. 

Discussion

Knowledge of Indian government legislations and policies are essential

Subordinate legislation is any legislation with lower authorities than supreme legislation. Legislation in India is also created by authorities like Municipalities and corporations under supreme legislation. Judiciary in India also have legislation power, supreme courts are allowed to make rules and policies that are regulated by the administration. According to “General Clauses Act, 1897” shall be made in exercise of a power conferred by enactments. Supreme Legislation proceeds from sovereign powers in states. In recent days the Supreme Court of India has observed an increasing number of landmark criminal law judgements that force them to look upon landmark legislation policies. “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” regulates land acquisition and regulates procedure and rules. 

Landmark legislations and policies

The landmark legislation has an impact on billions of people. Here are some examples of cases that show how landmark legislation is regulated in India. “His Holiness Kesavananda Bharati v/s state of Kerala” is a popular case where a 13 judges Bench associated with a landmark judgment in the Supreme Court propounded “Basic Structure Doctrine”. This case was overruled by the Golak Nath case and majority of Bench said no destruction of the basic structure by parliament is allowed but it can amend any part of India. Landmark laws in present days include legal systems that determine significant new legal concepts and principles. “Land Acquisition Act in January 2014” rectified laws of British inequity. The existing laws by the British Government in India support states to acquire a vast amount of land with little due process but the new rectified act favors landowners and unsatisfied industries as it requires a lot of paperwork before acquiring any land. This law includes provision for annuity payouts and is processed by obtaining consent from landowners through proper procedure. 

“Land Acquisition Act” states that landowners are entitled to 40% of proceeds of land that can be acquired and then resold. This act aimed at solving misuse by companies that acquired lands in excess of their requirements then resold them with huge profits. 

Landmark legislation by Indian parliament

The Parliament of India consists of two houses Rajya Sabha and Lok Sabha. These two houses regulated landmark legislation. Rajya Sabha consists of 250 members among whom 12 members are nominated by presidents, election of Rajya Shaba is indirect and members represent states. In approving legislation, both houses have equal rights to accept or reject bills. Lok Sabha has 552 members which are duly elected. Parliament of India makes laws; all legislative proposals before passing as law have to be brought as a form of a bill in front of Parliament. These bills remain as a draft before it gets permission and receives approval from both houses of parliaments. All bills of legislation are introduced by Ministers or a member other than the Minister. The All-India Congress during the 19th and 20th centuries passed Landmark legislation to abolish slavery. That also helps to extend civil and legal protection and also protects voting rights. Landmark Legislation is different from other legislation as it consists of new laws with some controversial issues. 

Government legislation and policies

The Indian Government has legislation and policies for crime related to the unethical acquisition of lands. According to “Preventive Detention Act, 1950” action is taken beforehand for preventing commitments of a crime and also prevents detention taken on lands of suspicion. Under Article 19 the Court held a preventive detention Act. The Ministry of Law and Justice of India has a mission to bring reform in the Indian Legal system to achieve expansion which includes legal education, legal profession and legal services. Legislative department concerned with various matters includes assisting parliaments and drafting of ordinances by the president.

Conclusion

“The right to fair compensation and transparency in Land Acquisition, rehabilitation and resettlement in 2014” helps to protect all land rights. Ordinance creates five special categories for land use such as rural, defense, affordable housing, infrastructure and industrial corridors. LARR act, 2013 requires consent for 80% of landowners obtained for private projects and for obtaining PPP projects 70% consent of landowner is obtained. This act helps to calculate social impacts on the affected families when land is acquired. This act also imposed few restrictions on the acquisition of multiple-cropped or other agricultural lands.