MHA gets 7th extension to frame CAA rules

MHA gets 7^th extension to frame CAA rules

Subject: Polity

Context: The Ministry of Home Affairs (MHA) has been granted an extension for the seventh time to frame rules for the Citizenship Amendment Act (CAA).

More about News:

• The citizenship amendment Bill was passed by Parliament on December 11, 2019. It got the President’s assent and was subsequently notified by the Home Ministry.
• The law is yet to be implemented, as rules under the CAA are yet to be framed.
• The Parliamentary committees on subordinate legislation in Rajya Sabha and Lok Sabha granted the extension to the Home Ministry until December 31, 2022, and January 9, 2023, respectively.
• Now, the Ministry has approached the Parliamentary committees, got approval from the Rajya Sabha for the next six months and are still waiting to get approval from the Lok Sabha.

Procedure and timeline for Framing Rules:

• Under the Constitution, the Legislature has the power to make laws and the Executive is responsible for implementing them. Often, the Legislature enacts a law covering the general principles and policies, and delegates the power to the Executive for specifying certain details for the implementation of a law.
• Ordinarily, Rules, Regulations, and bye-laws are to be framed within six months from the date on which the concerned Act came into force.
• Post that, the concerned Ministry is required to seek an extension from the Parliamentary Committees on Subordinate Legislation. The reason for the extension needs to be stated. Such extensions may be granted for a maximum period of three months at a time.

• To ensure monitoring, every Ministry is required to prepare a quarterly report on the status of subordinate legislation not framed and share it with the Ministry of Law and Justice. These reports are not available in the public domain.

About Parliamentary Committees on Subordinate Legislation:

• The Committee examines Bills which seek to delegate powers to make rules, regulations, bye-laws, etc. or amend earlier Acts delegating such powers, with a view to seeing whether suitable provisions for the laying of the rules, regulations, etc. before Parliament have been made therein.
• The Committee also examines representations made to it in regard to rules, regulations, bye-laws, etc. made or required to be made under an Act.
• The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or in his absence, by any member of the Committee.
• Composition: It consists of 15 members in both houses. Members are nominated by the Speaker or Chairman in Lok Sabha and Rajya Sabha respectively.Ministers can’t be members of this committee.
• The Committee is present in both houses of the parliament.