Developments in Legislation During Modi’s Decade

The 101st Amendment Act, 2016 is another significant amendment to the Constitution of India that introduced the Goods and Services Tax ( GST).

PROF. JASIM MOHAMMAD

EFFICIENCY AND TRANSPARENCY

A long side advancements in women's development, Prime Minister Narendra Modi's tenure has seen significant legislative milestones. More importantly the abrogation of Article 370 in August 2019 altered the special status of Jammu and Kashmir, divided it into two Union Territories for closer integration with India. PM Modi displayed strong leadership and determination in integrating the region more closely with the rest of thecountry.

The period under Prime Minister Narendra Modi's leadership has been a time of constitutional and legislative evolution. From 2014 onwards, the government has introduced a series of reforms which modernized India's legal framework, streamlined economic processes, and redefined social norms. Simple yet profound, these reforms have touched the lives of every Indian and transformed the country's constitutional history. After assuming office by Modiji in 2014, the era of development started in Bharat including the constitutional reforms, which entirely eased the citizens of nation. This constitutional reform started with the Constitution ( 99th Amendment) Act, 2014, which was a significant amendment in India's constitutional history. It established the National Judicial Appointments Commission ( NJAC), which was intended to replace the existing collegium system for the appointment of judges to the higher judiciary. The amendment led to the creation of the NJAC, a body that would be responsible for the appointment and transfer of judges to the Supreme Court and High Courts. The commission was to consist of the Chief Justice of India as the ex officio chairperson, two other senior judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons.

The reformation didn't halt, in 2015, the Constitution ( 100th Amendment) Act, 2015, facilitated the operationalization of the 1974 India- Bangladesh Land Boundary Agreement ( LBA) and its 2011 Protocol. The India received 51 Bangladeshi enclaves covering 7,110 acres, while Bangladesh received 111 Indian enclaves covering 17,160 acres. It amended the First Schedule of the Constitution to legally transfer the territories as per the agreement. The residents of these enclaves were given the choice to either remain in their current location or move to the country of their choice. The physical exchange of enclaves was completed in phases between July 31, 2015, and June 30, 2016.

The 101st Amendment Act, 2016 is another significant amendment to the Constitution of India that introduced the Goods and Services Tax ( GST). This Act streamlined and rationalized the complex web of indirect taxes prevalent in India. It sought to replace multiple indirect taxes levied by both the Union and State Governments with a single comprehensive tax – the GST. The primary objectives were to eliminate the cascading effect of taxes ( where taxes are levied on taxes) and create a common national market for goods and services. The amendment subsumed various Central and State taxes, including Central Excise Duty, Additional Excise Duties, Service Tax, State Value Added Tax ( VAT)/ Sales Tax, Entertainment Tax, Central Sales Tax, Octroi and Entry tax, Luxury tax and Taxes on lottery, betting, and gambling. The amendment dispensed with the concept of ‘ declared goods of special importance' under the Constitution. It introduced the levy of IGST on inter- State transactions of goods and services. An additional tax ( not exceeding one percent) was imposed on the supply of goods during interState trade or commerce, collected by the Government of India and assigned to the States of origin. The GST system has simplified tax compliance for businesses, reduced tax evasion, and facilitated seamless movement of goods across State borders. It has transformed the way businesses operate, promoted efficiency and transparency.

Modi's era witnessed other legislative reforms which rocketed up the underprivileged citizens through legislation. After the 101st Amendment Act, there have been several other amendments to the Constitution of India, each contributes to the ongoing evolution of the nation's legal and social framework including 102nd Amendment Act, 2018 which provided constitutional status to the National Commission for Backward Classes ( NCBC). This move ensured greater representation and opportunities for marginalized communities. Later, 103rd Amendment Act, 2019 was enacted with the goal of advancing economically weaker sections ( EWS) in educational institutions and public employment, this amendment introduced a 10% reservation for EWS candidates. Through such amendments the government promoted inclusivity and equal access to opportunities for all sections of society.

Another milestone was 104th Amendment Act, 2020 which extended the reservation of seats for Scheduled Castes ( SCS) and Scheduled Tribes ( STS) in the Lok Sabha and state assemblies from seventy years to eighty years, this amendment sought to uphold and reinforce the representation of these communities in the legislative bodies. It aimed to ensure continued participation and empowerment of SCS and STS in the democratic process.

The pivotal 105th Amendment Act, 2021 devolved the power to identify and specify socially and educationally backward classes ( SEBCS) to the states, a responsibility previously held by the central government. This amendment facilitates a more localized and responsive approach to address the needs of backward communities. Also, Modiji's demonetization in November 2016 tackled corruption and counterfeit currency, while the Insolvency and Bankruptcy Code ( IBC) of 2016 addressed banking sector issues.

The Modi government has also taken brave steps towards empowering women through various legislative and policy measures. Under “Nari Shakti Abhiyan,” the Modi government has championed the cause of women's development. Several commendable works took place in his tenure such as, The Maternity Benefit ( Amendment) Act, 2017, which extends paid maternity leave and introduces work- from- home options, The Criminal Law ( Amendment) Act, 2018, which imposes stricter penalties for crimes against women, Initiatives to increase the take- home salary for women in the formal sector, The landmark decriminalization of adultery in 2018, which upholds the dignity of women, The abolition of Triple Talaq between 2017- 19 and the subsequent Muslim Women ( Protection of Rights on Marriage) Act, 2017, which safeguards the marital rights of Muslim women, The Medical Termination of Pregnancy ( Amendment) Act, 2021, which expands access to safe and legal abortion services. And most recently, The Women's Reservation Act, 2023, which ensures 33 percent representation of women in legislative bodies. These measures collectively represent a transformative agenda for women's empowerment and reflect the Modi government's commitment in creating an inclusive society where women can thrive and contribute equally to the nation's growth.

Alongside advancements in women's development, Prime Minister Narendra Modi's tenure has seen significant legislative milestones. More importantly the abrogation of Article 370 in August 2019 altered the special status of Jammu and Kashmir, divided it into two Union Territories for closer integration with India. PM Modi displayed strong leadership and determination in integrating the region more closely with the rest of the country.

Articulating the constitutional developments during Prime Minister Narendra Modi's tenure is indeed a complex task, which require extensive research and analysis. Students, scholars, and think tank organizations should step forward to undertake such important task. By conducting thorough research on the achievements and advancements during Modi's era, they can contribute valuable insights for the benefit of society. Notably, two young law students, Rishi Raj Singh and Prince Shukla, have authored a book titled "Constitutional Journey: An Overview from 2014- 2024," which will soon be released by the global research think tank, Centre for Narendra Modi Studies in collaboration with Pragya Sansthan. CNMS encourages young scholars by publishing their scholarly works. Even prominent figure of Bharat and Padmashri Awardee Veteran Journalist Ram Bahadur Rai expressed appreciation for the scholarly work of these two authors by penning the foreword for their book. So, it's important for young brains to step forward and engage in such scholarly works and contribute their insights and perspectives to important topics like constitutional developments during Prime Minister Narendra Modi's tenure.