The Essential Defence Services Bill 2021 and The Tribunals Reforms Bill 2021 were passed separately by voice vote

The Essential Defence Services Bill 2021 and The Tribunals Reforms Bill 2021 were passed separately by voice vote

Subject: Polity

Context: The Essential Defence Services Bill, 2021 and The Tribunals Reforms Bill, 2021 were passed separately by voice vote before the House was adjourned for the day as Opposition continued with their sloganeering

Concept:

What is a voice vote?

• A voice vote involves the speaker putting a question to the house and then asking the house to put forward its opinion in the forms of ayes (yes) or noes. Based on a rough measure of which side was louder, the speaker decides if the motion was passed or fell through.
• The obvious advantage of a voice vote is that it is quick. The apparent disadvantage is that it is inaccurate, given that the speakers decides what the opinion of the houseis based on which side is louder. A literal shouting match is not the ideal way to conduct any serious business other than in cases where voting is so one sided, it is basically a formality.
• Due to this, parliamentary procedure requires that if a voice vote is challenged by any member, the speaker must ask for a division.
• This once involved the physical separation of legislators and then a counting of heads– a procedure still followed in the UK. But nowadays in India, this is achieved by getting MPs and MLAs to vote electronically.
• The advantage of a division, of course, is that it tells the public exactly what the vote count is. Moreover, it lets constituents know how their MP or MLA voted.

Adjournment

• An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. In this case, the time of reassembly is specified.
• An adjournment only terminates a sitting and not a session of the House.
• The power of adjournment lies with the presiding officer of the House.

Adjournment Sine Die

• Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
• The power of adjournment sine die lies with the presiding officer of the House.
• Note: The presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

Provisions in the Tribunals Reform Bill 2021:

• The government seeks to amend the Finance Act 2017 to include provisions related to the composition of search-cum-selection committees and the term of office of members for 19 tribunals (such as Customs, Excise, and Service Tax Appellate Tribunal) in the Act itself.
• It seeks to empower the Central Government to make rules for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of Members of Tribunals.
• It provides that the Chairperson and Members of the Tribunals will be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee.
• It also provides the composition of the Committee, to be headed by the Chief Justice of India or a Judge of Supreme Court nominated by him.

Search-cum-selection committee

• The committee that is responsible to recommend the names of the chairpersons and the members for the appointment by the central government in the Tribunal is called the search-cum-selection committee. The composition of the committee as mentioned in the Tribunals Bill 2021 is:
• Chairperson – The Chief Justice of India, or a Supreme Court Judge nominated by him. He/she has the casting vote
• Two secretaries – Central Government nominates them
• The sitting or outgoing Chairperson, or a retired Supreme Court Judge, or a retired Chief Justice of a High Court
• The Secretary of the Ministry under which the Tribunal is constituted. He/She has no voting right.

Term of Office for the Tribunals Members

• The Tribunals Reform Bill states the following term of office:
• Chairperson – 4 years or till he attains the age of 70 years [Whichever is earlier]
• Remaining Members- 4 years or till they attain the age of 67 years [Whichever is earlier]

The Essential Defence Services Bill, 2021

The essential defence services include:

• Any establishment or undertaking dealing with the production of goodsor equipment required for defence-related purposes
• Any establishment of the armed forcesor connected with them or defence. These also include services that, if ceased, would affect the safety of the establishment engaged in such services or its employees.
• In addition, the government may declare any service as an essential defence service if its cessation would affect the: (i) production of defence equipment or goods, (ii) operation or maintenance of industrial establishments or units engaged in such production, or (iii) repair or maintenance of products connected with defence.

The Essential Defence Services Bill, 2021

• The new Bill allows the Central Government to prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services as per PRS Legislative Research. The government may issue such order if necessary in the interest of: Sovereignty and integrity of India, Security of any state, Public, Public order, Decency, Morality
• The prohibition order will remain in force for six months and may be extended by another six months.
• Strikes and lock-outs that are declared after the issue of the prohibition order or those that had commenced before the prohibition order was issued will be illegal. The prohibition will not apply to lay-offs made due to power shortage or natural calamity, or lay-offs of temporary or casual workmen.
• Under the new Bill, a strike is defined as cessation of work by a body of persons acting together. It includes the following under its purview: Mass casual leave, Coordinated refusal of any number of persons to continue to work or accept employment, Refusal to work overtime, where such work is necessary for the maintenance of essential defence services, Any other conduct which results in, or is likely to result in, disruption of work in essential defence services.
• The new Bill also amends the Industrial Disputes Act, 1947 to include essential defence services under public utility services.
• Under the Act, in the case of public utility services, a six-week notice must be given before: Persons employed in such services go on strike in breach of contract; Employers carrying on such services do lock-outs.
• Employers violating the prohibition order through illegal lock-outs or lay-offs will be punished with up to one-year imprisonment or Rs 10,000 fine or both.

The punishment for illegal strikes

• Persons initiating or participating in illegal strikes will be punished with up to one-year imprisonment or Rs 10,000 fine or both.
• Persons instigating, inciting, or taking actions to continue illegal strikes, or knowingly supplying money for such purposes, will be punished with up to two years imprisonment or Rs 15,000 fine, or both.
• Such an employee will be liable to disciplinary action including dismissal as per the terms and conditions of his service. In such cases, the concerned authority is allowed to dismiss or remove the employee without any inquiry, if it is not reasonably practicable to hold such inquiry.
• All offences punishable under the Bill will be cognisable and non-bailable.