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American Journal of  
Society and Law ( AJSL)

Reimagining the Legislative Framework: A Historical Analysis of  Decolonization and 
Public Voice in India’s Law-Making

Sachin Kumar1, Sanjeev Kumar1*

Volume 3 Issue 2, Year 2024
ISSN: 2835-3277 (Online)

DOI: https://doi.org/10.54536/ajsl.v3i2.3165
https://journals.e-palli.com/home/index.php/ajsl

Article Information ABSTRACT

Received: May 31, 2024
Accepted: July 29, 2024
Published: December 18, 2024

This scholarly inquiry delves into the historical trajectory of  the legislative process in India, 
delving into its historical antecedents, the enduring influence of  colonial governance, and the 
subsequent developments in the post-independence era. Employing a nuanced approach that 
integrates historical analysis and legislative case studies, the study illuminates the persistent 
impact of  colonial rule on India’s legal framework, characterized by laws that primarily 
served the interests of  the imperial administration rather than addressing indigenous societal 
needs. Through a focused examination of  the Sonthal Parganas Act of  1855, this research 
underscores the enduring reverberations of  colonial legacies within contemporary legislation 
and the ongoing endeavors to rectify historical injustices. Furthermore, the study scrutinizes 
legislative activities spanning from 2010 to 2020, offering a comprehensive portrayal of  the 
dynamic nature of  law-making in response to evolving societal challenges and aspirations. 
By discerning the intricate interplay between historical legacies, socio-political dynamics, and 
democratic participation, this investigation provides valuable insights into the formulation, 
amendment, and repeal of  laws to address contemporary issues while upholding democratic 
principles in India. Ultimately, this scholarly exploration contributes to a nuanced 
understanding of  the complexities inherent in India’s legislative landscape and underscores 
the persistent pursuit of  equitable and just governance through legislative reforms.

Keywords
Agenda of  Legislation, Anti-Social 
Laws, Colonial Laws, Defunct 
Laws, Legislation, Post independent 
India, Social Welfare Laws

1 Department of  History, School of  Social Science, Central University of  Punjab, Bathinda-151401, India
* Corresponding author’s e-mail: sanjeevss78@gmail.com

INTRODUCTION
The legislative process represents a whole set of  ideas, 
processes, techniques, and institutions on which the 
working of  a country exists. Legislation consists of  the 
word “Legis” which means law and “Latum” which 
means making. So, in simple words, the legislation is law-
making. Austin articulated that the creation of  law is the 
responsibility of  a supreme or sovereign power, and it 
is obligatory for individuals from all levels of  society 
to adhere to it. India had a history of  law-making from 
the ancient period. The law defined and regulated every 
aspect of  life and had a religious outlook.  Emperors like 
Ashoka promogulated many laws for the social welfare 
of  the people and to enforce Dhamma i.e., righteousness. 
Also, in the medieval period rulers like Alauddin Khilji, 
Sher Shah Suri, and Akbar formulated various laws to 
regulate the empire and the laws mostly were people-
centric. But when the Britishers came they also enacted 
numerous laws, but they were foreign to the people of  
India and devoid of  Indian social values. They were 
derived from the English Common law and Victorian 
values and more than that they were based on political 
exigency and to serve the need of  imperialism. While 
advocating for their purported civilizing mission, British 
Colonialists held the belief  that the implementation of  
law would organize marketplace interactions and establish 
a firm market economy. They believed that the law would 
instil concepts of  individual rights and contractual 
freedom, which are the foundations of  civilized societies. 
Furthermore, they asserted that the law would ensure 
the protection of  personal and property security (Otter, 

2012). For the Colonial state, the law served as a tool and 
mechanism that allowed it to assert its exclusive right to 
the legitimate use of  force. It equipped the state with legal 
instruments to characterize delinquency, quell dissent, 
and suppress any threats to its dominance (Singha, 2000). 
So, the Britisher tried to keep away the Indian from the 
process of  law-making, also because to strengthen the 
grip of  imperialism did not allow Indian participation in 
administration. They were not allowed to join civil and 
provincial service which indirectly meant participation 
law implementation. The present study tried to highlight 
the evolution of  the legislative process in India while 
looking into such dynamics. The British had to take India 
in the law-making process through acts of  1892,1909. 
This is not to ensure Indian participation but rather to 
serve the needs of  imperialism and to keep India intact 
with empire.
But the Legislative process in a democratic sense also 
denotes the participation of  the people and reflection 
of  people’s aspiration, its commitment to bring 
social change. India got independence and drafted its 
constitution. But the several colonial laws continued 
and remained unchanged though they were irrelevant, 
defunct. For example, through The Sonthal Parganas Act, 
1855 the British authorities classified the Santhal tribe of  
India as an “uncivilized race,” resulting in their exemption 
from the legal jurisdiction of  the region. The legal 
statute remains in effect even after it has no relevance 
today and jeopardizes the principle of  equality (Biswas, 
2014). However, the parliament has modernized law and 
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the colonial legacy. Furthermore, the law is formulated 
by legislation according to changing needs, so there were 
numerous post-independent laws that were amended and 
repealed and new laws were framed between 2010-2020. 
It’s also necessary to study factors that shape the law, and 
the legislative process in order to trace what significant 
changes occur since independence in law-making itself.

Significance of  the Theme
This study traces the historical development of  India’s 
legislative process and law-making, seeking to investigate 
the major shifts that have transpired since the country 
gained independence. The influence of  colonial law 
continues to be felt in India, impacting democratic 
processes. Many outdated, non-functional, and anti-social 
laws have persisted until today. However, starting in 2014, 
the Government of  India has pinpointed numerous 
obsolete laws and successfully repealed 1428 of  them. For 
instance, laws such as the Beedi Workers Welfare Fund 
Act of  1976 and the Motor Vehicles (Amendment) Act of  
2001 have been repealed, as they no longer hold relevance 
in today’s context (“Parliament passes Bill”, 2019). Other 
acts, like The Registration of  Foreigners’ Act (1939) and 
the Sarais Act (1867), needed to be repeal. As argued by 
Law and Justice Minister Ravi Shankar Prasad in 2019, 
the persistence of  such laws hampers the ease of  doing 
business, living, and governance. These bills can indeed 
be scrapped” (Parliament passes Bill, 2019). 
Indeed, delving into the motivations underlying the 
repeal and modification of  laws by governmental bodies 
is essential. However, within a democratic framework, 
the legitimacy of  law-making processes hinges on the 
premise of  authentic democratic endorsement, ensuring 
that legislation mirrors the collective will of  the populace 
(Jain, 2019) .There have been various national security 
laws since colonial times, and new ones have been drafted 
and amended since independence. Such laws have created 
dilemmas and contradictions between the security of  the 
state and individual rights. One such act is the sedition act 
of  1870, section 124 A of  IPC, under which sedition is 
an offense. Initially, it was brought to suppress the voice 
of  freedom fighters. The Act stipulates that individual 
who, through spoken or written language, gestures, 
visible representations, or any other means, incite hatred, 
contempt, or disaffection towards the legally established 
Government of  India, shall face penalties. Such penalties 
may include life imprisonment, along with the possibility 
of  fines, or imprisonment for a term up to three years, 
coupled with fines. The act has remained unchanged 
since independence, and questions continued to be 
raised on its validity. Law Commission in report 2018 
that “In a democracy, singing from the same songbook 
is not a benchmark of  patriotism. People should be at 
liberty to show their affection towards their country in 
their own way. For doing the same, one might indulge 
in constructive criticism or debates, pointing out the 
loopholes in the policy of  the Government. Expressions 
used in such thoughts might be harsh and unpleasant to 

some, but that does not render the actions to be branded 
seditious” (Karthikeyane, 2022).
The report further suggests looking into the intent of  
the offense is made.  There are other laws pertaining to 
National Security had been made, like the Terrorist and 
Disruptive Activities (Prevention) Act (TADA) 1985, 
and the POTA (Prevention of  Terrorism Act, 2002), 
which was repealed in 2004. But replaced by the UAPA 
Unlawful Activities (Prevention) Act, 1967, which has 
been amended many times till now. Thus, the present 
study tried to highlight the “change and need” for such 
laws by the government. Anti-social laws which had 
religious validity, like triple talaq, had been done away 
by the government through legislation to give justice 
to women, highlighting the change in Indian legislative 
policy towards women. 
Further legislative process itself  has transformed in 
numerous dimensions since independence. Numerous 
new parliamentary committees had been formed and 
their jurisdiction had changed too. The use of  ICT in 
the legislature also brought revolutionary change in 
the legislative process, making it more workable and 
accountable to the public.  The legislative institutions, 
both at the central and state levels, have shown significant 
progress over the last seventy years in terms of  their 
ability to carry out legislative activities, including the 
formulation of  policies, decision-making processes, and 
distribution of  financial resources.

Objectives of  the Research
Following are some objectives of  the study on this research 
highlights the interplay between historical context, 
evolving democratic ideals, and public involvement.” 
These are to-

1. Investigate the historical evolution of  legislative 
processes during colonial India.

2. Trace the evolution of  legislative processes in post-
independent India.

3. Discuss the India’s transition away from the legacy 
of  colonial laws.

4. Examine the recent legal developments reflecting 
evolving Indian values in justice.

5. Analyse the legislative shifts in India between 2010 
and 2020.

6. Explore the intersection of  social welfare laws with 
fundamental and human rights.

7. Assess the factors influencing the formulation of  
new legislation and legislative agendas.

8. Evaluate the transformative impact of  legislation in 
India across various aspects.

MATERIALS AND METHODS
The research is based on primary and secondary source 
of  this study, and pertinent data have been gathered for 
this research from a variety of    sources. In order to be 
acknowledged in related topics, the researcher uses this 
method to search through various articles, texts, booklets, 
handouts, seminar   presentations, notes, newspapers, 



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national & international research papers, web sites, 
in conducting this research, I adopted the doctrinal 
approach and as such, the research completely relied on 
consultations of   academic materials written on the subject 
area. The research method approach used historical 
and analytical of  the ongoing process of  reshaping the 
legal framework and the role of  public voice based on 
field work which is through the use of  questionnaires 
or interviews.  By so doing, I concerned myself    with 
identifying the existing gaps and ensuring that I tailor the 
research towards filling the identified gaps.

RESULTS AND DISCUSSION 
The themes that emerged after elaboration and refinement 
of  categories have been analysed in detail below. 

The Evolution of  Legislative Processes in Colonial 
India
Until the Charter Act of  1833, there was no distinct 
separation between the executive and legislative roles 
of  the Governor General’s Council. The Charter Act of  
1853 marked the first time these functions were separated, 
aligning with the objectives of  imperialism. This led to 
the formation of  the Indian Legislative Council, which 
served as a small-scale parliament. It included four 
representatives from Bengal, Madras, Bombay, and the 
North-Western Provinces, all under absolute imperial 
control.
The decentralization of  power began following the 1857 
revolt. The Acts of  1861, 1891, and 1909 played significant 
roles in shaping the legislature in Colonial India. The Act 
of  1861 introduced further devolution of  power, albeit in 
a nominal sense. For legislative matters, the council was to 
be strengthened by a minimum of  six and a maximum of  
twelve individuals, nominated by the Governor General 
for a two-year term. At least half  of  these individuals 
were required not to hold any government office (Keith, 
1969).The only seats that were offered to “natives of  
high rank” were non-official ones.  The legislation had no 
control over administration or financial matters and could 
not criticize the actions or behavior of  the authorities or 
administration. The Act also restored legislative power 
to Madras and Bombay with amending powers (Keith, 
1922). Charles Wood drew a comparison between the 
roles of  the proposed Legislative Councils and the durbar 
(court) of  an Indian ruler. In this analogy, the nobles in 
the durbar were free to express their opinions, much 
like the members of  the Legislative Councils. However, 
just as the ruler was not obligated to follow the advice 
of  the nobles, the authorities were not bound by the 
opinions expressed in the Councils. This highlights the 
limited influence these Councils had on decision-making 
processes (Maheta & Grover, 2018).
The surge of  Indian nationalism between 1860 and 
1890significantly influenced the development of  Indian 
legislation, leading to an increase in the representation 

of  Indians (Bandhopadhyay, 2004). The act stipulated 
that the Central legislation should have no less than 
sixteen additional members. The Governor-General, 
with the approval of  the Secretary of  State in Council, 
was responsible for establishing the regulations for the 
nomination of  these additional members. In a similar 
vein, provincial legislation was also granted the power 
to question the executive. A significant aspect of  the act 
was the introduction of  an element of  election in Central 
legislation. The Central legislation was required to include 
elected non-official members. These members, five in 
total, were to be individually selected by the non-official 
members of  the Provincial Legislatures of  Madras, 
Bombay, Bengal, and the North-Western Provinces. In 
addition, the Calcutta Chamber of  Commerce was to 
elect one non-official member. This act played a crucial 
role in the evolution of  legislation. However, the act 
faced criticism. The so-called right of  election to the 
Legislatures, enjoyed by local bodies and other electorates, 
was essentially a nomination process controlled by these 
bodies. The government had the final say in accepting or 
rejecting these nominations. This aspect of  the act was 
seen as a limitation to the democratic process” (Maheta 
& Grover, 2018). 
The Act of  1892 fell short of  meeting the expectations 
of  the Indian populace. As a result, the British introduced 
a series of  significant changes in legislation through 
the Act of  1909, also referred to as the Minto-Morley 
reform. The most notable feature of  this reform was the 
augmentation of  the representative component in the 
legislative councils and the expansion of  their powers. 
This marked a pivotal moment in the evolution of  the 
legislative process in India (Keith, 1969). The number 
of  members in the central legislation was increased from 
16 to 60. The legislation now comprised of  37 official 
and 32 non-official members. Out of  the 32 non-official 
members, 27 were elected. However, the representation 
was not based on territories, but rather on class and 
interest. The 13 members were chosen by the legislative 
councils, 6 by landholders, 5 by the Muhammadans of  the 
larger provinces, 1 by Muhammadan landholders, and 2 
by chambers of  commerce. This change in representation 
marked a significant shift in the legislative process 
(Keith, 1969). Similarly, the provincial legislative council 
was enlarged like Bombay by 47. The Act did establish 
a majority of  non-official members in the provincial 
legislatures. However, a significant number of  these 
non-official members were appointed by the Governor, 
which effectively kept the council under government 
control. The Act did grant members of  the legislature the 
right to discuss the Budget, and they were also allowed 
to ask supplementary questions. This marked a step 
towards greater legislative participation, although the 
overall control still remained with the government. This 
highlights the limited influence these Councils had on 
decision-making processes.



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The power of  the members was limited in that they could 
move resolutions on financial matters, but they did not 
have the authority to vote. They were also barred from 
discussing the Indian government’s foreign relations, its 
interactions with Indian princes, the jurisdiction of  a 
court of  law, state railway expenditures, debt interest, and 
other similar matters. The act also introduced a separate 
electorate for Muslims, which later became a source of  
communal politics. Further changes were introduced by 
the Act of  1919, also known as the Montagu-Chelmsford 
reform. This act gave a concrete shape to the legislature 
by introducing bicameral legislation at the centre, 
replacing the single-house Imperial Council. The two 
houses formed were the Council of  State (upper house) 
and the Central Legislative Assembly. The Council of  
State consisted of  60 members, with the principle of  an 
elected majority introduced. Out of  the 60 members, 34 
were to be elected and the rest were nominated by the 
Governor-General. Members were allowed to hold their 
seats for five years, but it had to be renewed partially 
every year. The Governor-General had the power to 
address the legislative body, prorogue or dissolve the 
assembly, and deliver an address to the assembly. The 
qualifications were restricted only to the upper classes. 
The Legislative Assembly, which represented the lower 
house, now consisted of  145 members. Out of  these, 104 
were to be elected and 41 were to be nominated. The 
electorate was expanded to 5.5 million for the provinces 
and 1.5 million for the imperial legislature. This marked 
a significant expansion in the democratic process, despite 
the limitations that remained (Bandhopadhyay, 2004). 
The central legislation was empowered to create laws 
for the entirety of  British India. It had the authority 
to amend or repeal any existing laws. The members of  
the legislative councils were granted several rights. They 
could ask questions, propose resolutions, make motions 
of  adjournment, express no-confidence in the ministers, 
and introduce bills, all subject to the Standing Rules of  
the Council. 
This marked a significant expansion of  their legislative 
powers, despite the limitations that remained. This was 
a crucial step in the evolution of  the legislative process 

in India (Singh, 1959).The act introduced a system 
of  dyarchy, meaning that certain functions of  the 
provincial government were transferred to ministries 
that were accountable to the legislature. However, 
some subjects were designated as “reserved” and 
remained under bureaucratic control. Despite these 
changes, no responsibility was introduced at the Centre. 
The Governor-General in Council continued to be 
accountable solely to the British Parliament through the 
Secretary of  State for India. This maintained a degree of  
control and oversight from the British Parliament over 
the legislative process in India. This system of  dyarchy 
marked a significant shift in the governance structure 
during that period (Basu, 2018). Further, there were many 
restrictions on the working of  Central legislation or Lower 
House. Indeed, the functioning of  the Central legislation 
or Lower House was subject to several restrictions. For 
certain matters, such as issues related to foreign relations 
and relations with the Indian States, the prior approval 
of  the Governor-General was required. Additionally, 
the Governor-General had the power to exercise a veto 
and promulgate ordinances. These measures were put in 
place to protect the fundamental British interests in India. 
Despite the introduction of  more democratic elements 
into the legislative process, these restrictions ensured that 
ultimate control remained with the British authorities. This 
highlights the complex dynamics of  power and governance 
during this period in Indian history (Bridge, 1986).
The next important act introduced by the colonial 
state was the Government Act of  1935, from which a 
major portion of  our constitution had been derived. 
The Act ended the dyarchy and proposed an All-India 
Federation with provinces and princely states as units. 
The federal legislature thus formed had two chambers, 
i.e., the Council of  States and the Federal Assembly.  The 
Council of  States consists of  156 elected members of  
British India and not more than 104 representatives from 
Indian States.  The Council of  States made a permanent 
body, but its one-third member retiring every third year. 
Legislative Assembly or Federal Assembly was to consist 
of  not more than 125 representatives of  the Indian States 
which were nominated by the rulers of  the States, and 

Table 1: The Legislative Council consisted of  the officials, the elected, and the nominated non-officials
Name of  the Council Elected Nominated non-official Officials. Total
India 27 5 36 68
Madras 21 5 20 46
Bombay 21 7 18 46
Bengal 28 4 20 52
United Provinces 21 6 20 47
Eastern Bengal & Assam 18 5 17 40
Punjab 8 6 10 24
Burma I 8 6 15
Bihar & Orissa 21 4 18 43
Assam 11 4 9 24

Data Source:  G. N. Singh, (1959). Landmarks in Indian Constitutional and National Development. Data from 1912



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250 representatives from British India elected by the 
provincial Assemblies. The duration of  the legislative 
assembly was 5 years unless it was resolved.  With respect 
to Federal legislature, the election in the upper house was 
direct, while in the lower house, it was indirect. The act 
divided the powers between centre and provincial unit 
through three lists -Federal, Provincial, and Concurrent 
list. the Federal Legislature was to have the power to 
make laws for the whole or any part of  British India 
or for any federate State while a Provincial Legislature 
was to make laws for the province or any part thereof  
or given in provincial list. Dyarchy was introduced in the 
centre and bicameralism in many provinces like Bombay 
and Madras. Legislation taken a concrete shaped through 
the act of  1935 and it tried to establish a responsible 
government with safeguards. In reality, the Act of  1935 
did not result in the appointment of  any ‘Counsellors’ 
or a Council of  Ministers that would be responsible 
to the Legislature. The Executive Council, which was 
established by the Act of  1919, remained in place and 
continued to advise the Governor-General until the 
Indian Independence Act was passed in 1947 (Basu, 
2018). Moreover, the authority of  the Governor General 
over the Legislature was so dominant that the Legislature 
barely had any power it could call its own. As a result, 
the Legislature envisioned under the Constitution Act of  
1935 was more of  a nominal Legislature rather than one 
with substantial powers (Singh, 2006).   
Following the August Revolution and the end of  World 
War II, the struggle for independence entered its final 
phase. The Indian Independence Act was enacted in 
1947, dividing India into two dominions, India and 
Pakistan. After August 1947, the British government 
handed over all authority and control to these dominions. 
The constitution, which was drafted in 1946, laid the 
foundation for the Constitution of  India, which became 
the supreme law of  the country.

Legislative Process and its Component in Post 
Independent India 
The Parliament of  India is the nation’s legislative 
institution, tasked with the creation of  laws. It plays a 
pivotal role in the democratic political structure of  India. 
According to Austin, the creators of  this system intended 
to promote national unity by setting up a government of  
the people. This was accomplished by unifying Indians 
into a single electorate with universal adult voting 
rights, and guaranteeing that these voters were directly 
represented in genuinely representative assemblies 
(Austin, 1999).
Hence, the legislative process genuinely embodies the 
people’s desires. Since gaining independence, India’s 
legislation has enacted laws aimed at fostering the 
nation’s development and transforming it into a welfare 
state (India Const. art.108). The Indian legislative system, 
or Parliament, is composed of  the President of  India 
and two Houses: The Rajya Sabha (Council of  States) 
and the Lok Sabha (House of  the People), as outlined 

in Article 79. The Rajya Sabha, or Upper House, has a 
set membership of  250 members, with 238 representing 
States and Union Territories, and 12 nominated by the 
President (India Const. art. 80). The Rajya Sabha is a 
permanent body and not to be dissolved, and 1/3 of  its 
members retire every year.  Conversely, the Lok Sabha’s 
membership is capped at 552. The composition includes 
530 representatives from the States, 20 from the Union 
Territories, and an extra two members from the Anglo-
Indian community, who are appointed by the President. 
This arrangement guarantees a wide representation 
of  India’s various regions and communities in the law-
making process (India Const. art. 81(1)(a) (b)).
The Indian Constitution lays out an extensive set of  rules 
and procedures for law-making in Central legislation. 
This framework is intended to guarantee a democratic 
operation of  the legislative process, mirroring the 
aspirations of  the Indian people. Within the Parliament, 
a bill is initially a proposal for a new law, which only 
becomes an act or law after official enactment. Regular 
bills can be introduced in either house and are required 
to pass through three readings prior to approval 
(Constitution of  India, art. 107(1)). In first reading, the 
Bill are only introduced in the house, and no discussion 
took place. But in the second reading, the bill was 
discussed and referred to several committees for scrutiny. 
The members of  the house can suggest amendment in 
the feel, if  it accepted it becomes part of  the Bill. If  the 
Bill passes in the house, then it will send to the second 
house. The second house can suggest an amendment in 
the bill and return for the review. If  it passed the Bill, it 
became a law or an act.  There many other mechanisms 
devised by framer constitution to make the government 
responsible to the house. The members have right to 
raise question, ask questions and move resolution. For 
example, members can ask questions in Question Hour, 
Zero Hour. Further matters on public interest discussed 
through several motions. There are various motions 
such as Calling Attention Motion, Adjournment Motion, 
Confidence and Non-Confidence Motions, and Dilatory 
Motion, among others (Basu, 2018). 

Tracing the Change in the Legislative Process in 
Post-Independent India 
 The standard procedure of  legislation and the process 
of  the Indian Parliament remained the same but there 
are many changes occurred in the legislative process. The 
public became more aware, so the transparency in the 
proceeding was further refined by GOI. There are many 
several committees that have been amended and there are 
many that have been formed new since independence. 
The introduction of  the committee system was to make 
the legislative process more just and to increase the 
implication of  law. In 1989 numerous subject committees 
was formed like agriculture, science and technology, and 
environment and forest (Kashyap, 1990).
Another important feature added in the Indian law 
making is pre-legislative process. The govt before 



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introducing the bill in parliament put the bill in public 
domain for discussion and feedback, make the legislative 
process more democratic. However, during Planning 
Commission, the govt had not taken sufficient attention 
to the pre-legislative process.
In 2014, the central government implemented a pre-
legislative consultation policy, requiring ministries to 
follow a specific process before submitting a legislative 
proposal for the union cabinet’s approval. According to 
the policy, a draft of  the proposed legislation must be 
publicly accessible for 30 days for public feedback. Another 
significant change is the use of  ICT in the legislative 
process. Post-2014, the GOI emphasized digitization in 
all areas. Since 2018, the GOI has been planning to launch 
E-Sansad to make parliamentary work paperless and 
accessible. E-Sansad aims to “revolutionize” Parliament 
through stakeholder integration, seamless information 
navigation, ease of  dissemination, AI-backed search, 
cloud development, and process automation” (Bhardwaj, 
2021). This also further ensures public vigilance on the 
parliamentary work.
The opposition has disrupted parliament on multiple 
occasions, but recently, due to competing political objectives, 
the disruption has escalated, cutting into parliament’s 
productivity. According to PRS, the 16th Lok Sabha (2014–
2019) had a decrease in disruptions to 16% of  scheduled time, 
which is an improvement from the 15th Lok Sabha’s 37% 
loss.  Despite coping with political upheaval, the government 
was steadfast in its approach to enacting legislation.  As was 
the case in previous instances, the speaker also shortened the 
question hour, commonly known as zero hour, in order to 
keep the house in proper decorum.

Liberating from the Colonial Law Claws:  India 
Moving from Colonial Legacy
The colonial state designed laws aligned with imperialist 
aims, often suppressing voices of  freedom. Even after 
independence, many colonial laws remained in force 
and were used by authorities to suppress public dissent, 
symbolizing the colonial legacy. These laws contradicted 
traditional Indian values of  a moral and just society, the 
spirit of  the Indian freedom struggle enshrined in the 
constitution, and the fundamental rights granted by it. 
Since the 1990s, three government-appointed bodies—the 
PC Jain Committee, the Law Commission of  India, and 
the Ramanujam Committee—identified many such laws. 
Based on their recommendations, Parliament enacted six 
Acts between 2015 and 2019 to repeal a large number 
of  outdated laws (Mahmood, 2021). Many of  the laws 
were repealed because they were anti-social, outdated, 
or no longer needed. They added unnecessary hassle 
for the public and impeded efficient administration. The 
Repealing and Amending (Second) Act of  2017 abolished 
numerous similar statutes. As previously mentioned, the 
Government of  India has nearly 1500 such laws. This 
year, the GOI also proposed to eliminate many of  these 
laws, replacing colonial legislation. Thus, the focus of  new 
legislation is to free India from outdated colonial laws.

Anti -Social Laws and the Laws against Indian Value
The Government of  India has annulled the Caste 
Disabilities Removal Act of  1850. This act had previously 
overridden any conflicting elements within all forms of  
religious, personal, and customary laws that stripped 
individuals of  their familial and inheritance rights upon 
converting to a different religion from the one they 
were born into. Additionally, it rendered obsolete the 
conventional rules of  Hindu law, which dictated that 
being ostracized from one’s caste or sub-caste would 
lead to equivalent consequences (Mahmood, 2021). 
The legislation was rescinded due to concerns that 
religious extremism could disrupt the peace among 
various communities. In a related case, “The Converts’ 
Marriage Dissolution Act of  1866” was also recognized 
as prejudiced. This law addressed how converting to 
Christianity impacted an individual’s existing marriage, 
allowing for the marriage to be annulled under specific 
circumstances. However, it was limited in scope, applying 
only when the married individuals were not Muslim, 
Parsi, or Jewish. It also only pertained to those who 
left Hinduism and sought solace in Christianity. The 
law’s partiality was evident, highlighting the need for its 
replacement with a fair and uniform legal framework 
(Advocate Khoj, n.d). Section 375 of  the IPC traditionally 
exempts non-consensual sexual intercourse within 
marriage from being classified as rape, suggesting that 
marriage implies a continuous and unalterable consent 
to sexual relations. This concept contradicts the respect 
for women’s dignity and the ethical principles of  Indian 
society, which are encapsulated in Indian thought “Yatra 
naryastu pujyante ramante tatra Devata” (Where women 
are respected, there the gods rejoice). 

Colonial Laws against Fundamental Rights and 
Human Rights 
Numerous laws from the colonial era infringed upon 
fundamental rights and deprived individuals of  basic 
human rights. Among these was Section 377 of  the IPC, 
which criminalized “voluntary carnal intercourse against 
the order of  nature” with any person or animal, carrying 
penalties and fines. This law was a product of  the British 
colonial regime, rooted in a Victorian and Christian 
puritanical perspective on sexuality (Wong, 2021). 
“The former Prime Minister of  the United Kingdom, 
Theresa May, acknowledged with regret the imposition 
of  anti-sodomy laws during the British colonial era. She 
recognized that these laws have left a lasting legacy of  
discrimination, violence, and fatalities that continue 
to affect people to this day (Rao, 2020). The Dramatic 
Performance Act of  1876 and the Assam Criminal Law 
Amendment (Supplementary) Act, 1934 are two further 
statutes of  this kind.  As a means of  stifling patriotism 
in the performing arts, the Dramatic Performance Act 
was passed in 1876. The government has the authority 
to ban performances that are either (a) scandalous or 
defamatory in nature or (b) likely to incite disapproval 
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In 1911, lawmakers sought to update and streamline 
legislation on the prohibition of  public gatherings that 
would incite sedition or disrupt public peace and quiet. 
The result was the Prevention of  Seditious Meetings Act. 
Consolidating and revising the laws prohibiting gatherings 
of  the public that are liable to incite sedition or disturb 
the peace is a matter of  great practicality (Common LII, 
n.d ). The repealed act and colonial attitudes toward sex 
exhibit gender discrimination. For instance, Section 497 
of  the Indian Penal Code penalized men for adultery 
but exempted women (who could only be punished as 
abettors, not as primary offenders). Similarly, Section 498 
punished enticing a married woman, placing the burden 
of  guilt squarely on men.

Archaic, Defunct and Irrelevant Laws 
There were many colonial laws that were obsolete, defunct 
and had not any use today. Such act only became hurdle 
into the smooth working of  the administration. Example 
of  the Criminal Law Amendment Act of  1938 can be 
given.  In 2023, Prime Minister Narendra Modi stated 
that many of  India’s laws originated during the British 
era and have since become outdated. He emphasized that 
the government is actively working to review and update 
these laws (Govt repealed 2000, 2023). The law like the 
Criminal Law Amendment Act of  1938 was established 
to punish actions that hindered the recruitment of  
individuals to serve in the Armed Forces of  the Union. 
This act specifically targeted individuals who made public 
speeches to discourage others from enlisting in the Défense 
Forces and from participating in any wars involving the 
British Empire (Advocate Khoj, n.d.). Another such 
defunct law is the Bangalore Marriages Validating Act 
of  1936, which legalized Christian marriages solemnized 
by McDonald Redwood, who lacked the authority to do 
so. Other obsolete laws include the Sheriff  of  Calcutta 
(Powers of  Custody) Act of  1931, the Fort William Act 
of  1881, the Bikrama Singh’s Estates Act of  1883, and 
the Police Act of  1888.The Government of  India also 
plans to amend the outdated Post Office Act of  1898 
through the Post Office Bill (2023). Originally established 
to regulate postal services, this act has become outdated 
as the functions of  the Post Office have diversified. The 
new act aims to make postal services more citizen-centric. 
For national security purposes, the bill empowers the 
government to authorize any officer to intercept, open, 
or detain items in transit through the Post Office in the 
interest of  state security, friendly relations with foreign 
states, public order, emergencies, or public safety (Sinha, 
2023). The Aircraft Act of  1934 still applies to hot-air 
balloons, despite their regulation now falling under the 
Civil Aviation Authority of  India. The act defines an 
aircraft as “any machine which can derive support in the 
atmosphere from reactions of  the air,” which includes 
balloons, airships, kites, gliders, and flying machines. 
According to this law, flying kites without government 
approval is technically illegal. The Ganges Tolls Act of  

1867 authorized the levy of  tolls on certain steamers and 
boats on the Ganges River for navigation improvements 
between Allahabad and Dinapore. However, the 
Government of  India enacted the National Waterway 
(Allahabad-Haldia stretch of  Ganga-Bhagirathi-Hooghly 
River) Act of  1982, allowing the government to regulate, 
develop, and levy fees for shipping and navigation on this 
stretch of  the river. This new act covered the provisions 
of  the Ganges Tolls Act, preventing double taxation and 
inconvenience. To address film piracy, the government 
amended the Cinematograph Act of  1952 by introducing 
the Cinematograph (Amendment) Bill of  2023. This act 
enforces stringent penalties for those involved in the 
unauthorized recording and distribution of  copyrighted 
audio-visual content, thereby protecting the intellectual 
property rights of  filmmakers and content creators.

Recent Development and Establishing Indian Value 
in Law and Justice 
The liberation from colonial laws is not merely abolishing 
colonial law but also enforcing the Indian value in law 
and justice. The colonial law was made against the Indian 
values and may of  laws was alien to Indian Culture. To 
liberate the India from the shackles of  colonial laws GOI 
had introduced three laws in legislation that replace the 
centuries old colonial law. These are (Parliament of  India 
and Rajya Sabha, 2023);

• The Bharatiya Nyaya Sanhita Bill, 2023 will supersede 
the Indian Penal Code of  1860.

• The Bhartiya Nagarik Suraksha Sanhita Bill of  2023 
replace the CrPC of  1898. 

• The Bharatiya Sakshya Bill, 2023 will supersede the 
Evidence Act of  1872.
The primary objective of  the Bharatiya Nyaya Sanhita is 
to revoke the stringent sedition provision of  IPC 124(A), 
historically employed against notable figures such as Tilak 
and Gandhi and presently utilized to stifle dissenting 
voices. This legislation retains solely a tempered version 
of  clause 150, which pertains to actions endangering the 
sovereignty, unity, and integrity of  India. It is imperative 
to note that the Bharatiya Nyaya Sanhita does not 
compromise state security. It emphasizes that actions 
compromising Indian sovereignty, including providing 
financial support and engaging in subversive activities 
or advocating separatist sentiments, constitute criminal 
offense.
The Evidence Act of  1872 was an outdated colonial 
law that did not ‘address the technological advancement 
undergone in the country during the last few decades. 
The GOI replaced the Evidence Act of  1872 with the 
Bharatiya Sakshya Bill, of  2023. Thus, it also includes 
“electronic and digital records” admitted as primary 
evidence under Section 59. It, further holds that a 
break from the colonial legacy should strengthen the 
presumption of  innocence and the right to a fair trial for 
the accused while protecting victims’ participatory rights 
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A View on Post-Independent Laws 
After gaining independence, India assumed a legal 
structure comprising a mix of  colonial laws and recently 
passed statutes. While some of  these laws were crucial 
for laying the foundation of  a functional democratic 
nation, others were hastily crafted or struggled to adapt 
to the swiftly evolving social dynamics. However, the 
lawmaking process has to take into account the public 
will and aspiration. So, the lawmakers of  the country 
have to take into account of  numerous factors like 
economic development, social backwardness, and health 
infrastructure. Consequently, GOI passed the Planning 
Commission was set up Resolution of  the Government 
of  India in March 1950 to promote a rapid rise in the 
standard of  living of  the people by efficient exploitation 
of  the resources of  the country and to create employment 
opportunities. Besides this, GOI passed numerous laws 
according to the multidimensional growth of  the country. 
A few of  such laws are given below;

The Representation of  People Act, 1951
The act was enacted to deal with the election system at 
central and state levels. The act defined the rule regarding 
the allocation of  the seats in Lok Sabha and Rajya 
Sabha, Qualification and disqualification of  voters, and 
so on. It primarily aimed to make the working of  Indian 
democracy smooth and transparent

Special Marriage Act, 1954
To promote secularism and egalitarianism GOI brought 
this act, which was made to validate and register 
interreligious and inter-caste marriages in India.

Companies Act, 1956
The Act contains provisions about Companies, directors 
of  the companies, memorandum and articles of  
associations, etc. This act states and discusses every single 
provision that requires or may need to govern a company. 
This act gives the Central Government the authority 
to examine a company’s books of  accounts, to order a 
special audit, to order an investigation into a company’s 
operations, and to bring legal action for violations of  the 
Companies Act of  1956(Net Lawman, n.d.).
      
Changing Waves in the Legislation: A Look at the 
Amended and Repealed Laws from 2010-2020
As mentioned above the law is an everchanging process 
that has to be updated according to the time. India had 
gone through enormous changes in the 21st century, and 
to make pace with the change numerous colonial and 
post-independent laws were repealed and amended. It is 
important to look into the factors that drive such changes 
in the law and to understand the significance of  those 
acts and laws and how they reflect the change in society. 

Laws Pertaining to National Security
The security of  the state top-most priority of  the 
government. The internal as well as external threat have 

to keep on check to maintain sovereignty and integrity 
of  the nation. The Mumbai attacks in 2008, the 2016 
Pathankot attack, and the 2019 Pulwama attack had raised 
the concern of  GOI which further modified national 
security laws to tackle such threat. A new form of  threat 
in form of  cyber-attacks has become more frequent. 
Similarly, separatist elements also undermine the integrity 
of  the nation. 

Foreign Contribution (Regulation) Act or FCRA
The FCRA was enacted by the GOI in 1976 to regulate 
foreign funding and contributions to individuals, 
associations, and NGOs. It was framed on the pretext 
that foreign powers interfered with India’s internal 
matters. Such donation and foreign contribution will be 
in a manner consistent with the values of  a sovereign 
democratic republic” The act was amended in 2010 which 
includes Act has also includes electronic media companies 
and “organizations of  a political nature”. According to the 
Amendment Act of  2010, election candidates, editors or 
publishers of  a newspaper, judges, government servants, 
members of  any legislature, and political parties were 
prohibited to accept foreign donation. According to MHA 
data, since 2011, the registration of  20,664 associations 
was cancelled for violations such as the misutilisation of  
foreign contributions (Singh, 2020). GOI in 2020 further 
amended the act to control the NGOs which politically 
aligned and received foreign funding. It makes foreign 
funding more accountable and transparent in accordance 
with sovereignty. 

Unlawful Activities (Prevention) Act 1967
The act was enacted in 1967 to curb separatist tendencies 
and unlawful activities against the state.  It confer powers 
upon the State authorities to deal with activities directed 
against the integrity and sovereignty of  India. It stated 
that action taken by individual or association “intended, 
or supports any claim, to bring about, on any ground 
whatsoever”, the cession of  a part of  the territory of  
India or cession of  a part of  territory of  India from 
the Union or which disclaims, disrupts or is intended to 
disrupt the sovereignty and territorial integrity of  India or 
which causes or is intended to cause disaffection against 
India”. Government had power to take action against 
such activities.  The parliament’s attack on 2001 results in 
strengthening the act by Unlawful Activities (Prevention) 
Amendment Act, of  2004.  The GOI repealed the 
Prevention of  Terrorist Activities Act [POTA] and 
included its provision in UAPA (2004). Subsequently, 
to curb terrorist activities the act was further amended 
after Mumbai Attack in 2008 i.e., The Unlawful Activities 
(Prevention) Amendment Act, 2008, The Unlawful 
Activities (Prevention) Amendment Act, 2012. These 
acts extend the definition of  terrorism to tackle the 
multifaceted threat to India’s sovereignty. In recent years 
the separatist tendency against state had increased due to 
political agendas. Till 2004, “unlawful” activities referred 
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and only organizations were designated as ‘terrorist 
organizations. But the Unlawful Activities (Prevention) 
Amendment Bill, 2019 as designates individuals as 
terrorists on certain grounds provided in the Act 
(Venkataramanank, 2021). The National Investigative 
Agency (NIA) can seize the property attached to the 
terrorist activities. PM Narendra Modi stated that central 
laws such as the Unlawful Activities (Prevention) Act 
(UAPA) had given an impetus to the system in a decisive 
fight against terrorism (Singh, 2022). 

Bharatiya Nyaya Sanhita (BNS)
The New Penal Code to tackle the problem of  neo-
separatism tendencies including offenses like fake news 
terrorism, and organized crime. The bill defines terrorism 
and offenses such as separatism, and armed rebellion 
against the government, challenging the sovereignty and 
integrity of  the country, which were earlier mentioned 
under different laws. It further define a terrorist a person 
who “terrorist” refers to any person who— (i) develops, 
manufactures, possesses, acquires, transports, supplies or 
uses weapons, explosives, or releases nuclear, radiological 
or other dangerous substance, or cause fire, floods or 
explosions; (ii) commits, or attempts, or conspires to 
commit terrorist acts by any means, directly or indirectly; 
(iii) participates, as a principal or as an accomplice, in 
terrorist acts (Ministry of  Law and Justice, 2023).

The Information Technology (Intermediary 
Guidelines and Digital Media Ethics Code) 
Amendment Act
The government under the IT Act 2002, introduced the 
“The Information Technology (Intermediary Guidelines 
and Digital Media Ethics Code) 2011” to make social 
media platforms more transparent and accountable. 
However, increasing cases of  cybercrime and fake news 
dissemination leads to amendments in the guidelines. 
The draft 2018 Information Technology [Intermediaries 
Guidelines (Amendment) Rules 2018, Rule 3(9) is 
bound to force social media platforms like WhatsApp, 
Facebook, and Twitter to remain vigil and keep users 
on their toes before posting or sharing anything that is 
deemed as “unlawful information or content”. Further 
The Information Technology (Intermediary Guidelines 
expected to ensure that there is no uploading of  content 
that intentionally communicates any misinformation 
or information that is patently false or untrue hence 
entrusting an important responsibility on intermediaries” 
(Ministry of  Home Affairs, 2024). Information 
Technology Amendment Rules, 2023 draft bill further 
direct intermediaries’ platforms like social media websites 
Facebook Twitter, and Instagram, and network service 
providers like JIO, and Airtel to make “reasonable efforts” 
to not host content related to the Central Government 
that is “identified as fake or misleading”

Social Welfare Laws and Laws Pertaining to 
Fundamental and Human Rights 
The legislature had amended and repealed numerous 

post-independent laws in order to address existing social 
problems in the country. The aim of  such amendments 
is to establish equality (as mentioned in the fundamental 
right Article 14-18), and socio-economic upliftment of  
the masses. 

Right to Education
In 2002, GOI by 86th Amendment Act inserted a new 
article as 21-A in fundamental rights which states that the 
State shall provide free and compulsory education to all 
children the age between 6 to 14. Article 45 and Article 
39 (f) of  the Directive principle also had a provision for 
the state-provided endeavour to provide early childhood 
care and education for all children until they complete the 
age of  six years. But it was not enforceable. To achieve 
education for all GOI enacted “The Right of  Children 
to Free and Compulsory Education Act, 2009”. The 
act enforces Article 21-A and provides equitable and 
satisfactory education for children between 6 to 14 years. 
The act also provides 25 percent reservation to SCs, 
STs, and Socially backward children. The GOI further 
brought “The Right of  Children to Free and Compulsory 
Education (Amendment) Act, 2019” to enhance the 
quality of  education. It removed the earlier policy of  “no 
detain” which said that no student can be detained up 
to class VIII. It further provides regular examinations in 
classes V and VIII, and if  students fail the examination, it 
gives them the opportunity to reappear in the examination 
within two months.

The Young Persons (Harmful Publications) Act, 1956 
The law was enforced to “prevent the dissemination of  
certain publications the harmful publication means any 
book, magazine, Pamphlet, leaflet, newspaper and other 
such publication which incites (i) the commission of  
offenses; or (ii) acts of  violence or cruelty; or (iii) incidents 
of  a repulsive or horrible nature. Such publications tend 
to corrupt “young person” was prohibited.  The act 
was full of  ambiguities and led to harassment of  young 
citizens, so the GOI repealed the act in 2018.

Immoral Traffic (Prevention) Act (ITPA) of  1956
The act was enacted for the prevention of  trafficking for 
commercial sexual exploitation. The act is also known 
as the Suppression of  Immoral Traffic in Women and 
Girls Act, 1956 (SITA). It also aims to curb the immoral 
practices of  prostitution. The act had certain ambiguities 
i.e., the act, criminalizes prostitution, even though it is a 
consensual act between adults. The act was amended in 
1988 and the government brought “The Immoral Traffic 
(Prevention) Amendment Bill, 2006” to tighten the grip 
on trafficking of  children, girls, and women. The Bill 
deletes provisions that penalized prostitutes for soliciting 
clients. These acts did not deal with rehabilitation 
and relief. These acts also did not in accordance with 
international human rights laws. So, the government 
Social Justice Trafficking in Persons (Prevention, Care 
& Rehabilitation) Draft Bill 2021. The Bill provides for 
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authorities at the district, state, and national levels. Anti-
Trafficking Units will be established to rescue victims and 
investigate cases of  trafficking (PRS Legislative Research, 
2018).  

Indian Companies Act 2013
The Companies Act 2013 replaced the Companies Act 
1956 in order to develop the country economically.  It 
increased the share-holder strength of  a company from 
50 to 200.  It also makes provision for the one-person 
company. It also introduced the National Company 
Law Tribunal (NCLT), a quasi-judicial body to look at 
adjudicating issues pertaining to companies. To encourage 
entrepreneurism in the country the GOI amends the 
Companies Act with Companies (Amendment) Bill, 2019, 
amend the Companies Act, and decriminalize various 
compoundable offenses as well as promote ease of  doing 
business in the country. 

Repeal of  old Labour Laws
The Indian Labour codes had its origin in the colonial 
era and they were too archaic and did not serve the needs 
of  modern times. Secondly, there were many labour laws 
that intersect many provisions with other laws creating 
ambiguities and problems.  They did not protect the rights 
of  the workers. Even after 73 years of  Independence, 
approximately 90% of  workers work in the unorganized 
sector that does not have access to all the social securities 
(Ministry of  Labour and Employment, 2020). So, the 
GOI introduced four labour laws i.e., 1. The Code on 
Wages, 2019; 2. The Industrial Relations Code, 2020. 3. 
The Code on Social Security, 2020; 4. The Occupational 
Safety, Health, and Working Conditions Code, 2020.  The 
four laws replaced, repealed and subsumed the old laws.

The Code on Wages, 2019 
To give the labourers fair wages consolidates the old laws 
like the Payment of  Wages Act, 1936; Minimum Wages 
Act, 1948; Payment of  Bonus Act, 1965; and Equal 
Remuneration Act, 1976. 

The Occupational Safety, Health, and Working 
Conditions Code, 2020
For the safety of  labour introduced new regulations to 
protect their rights and to ensure a suitable environment 
for work. The act have replaced the following old act 
- The Factories Act of  1948; The Mines Act of  1952; 
The Dock Workers (Safety, Health and Welfare) Act of  
1986; The Building and Other Construction Workers 
(Regulation of  Employment and Conditions of  Service) 
Act of  1996; The Plantations Labour Act of  1951; The 
Contract Labour (Regulation and Abolition) Act of  
1970; The Inter-State Migrant Workmen (Regulation of  
Employment and Conditions of  Service) Act of  1979; 
The Working Journalist and other Newspaper Employees 
(Conditions of  Service and Miscellaneous Provision) Act 
of  1955; The Working Journalist (Fixation of  Rates of  
Wages) Act of  1958; The Motor Transport Workers Act 

of  1961; The Sales Promotion Employees (Condition 
of  Service) Act of  1976; The Beedi and Cigar Workers 
(Conditions of  Employment) Act of  1966; The Cine-
Workers and Cinema Theatre Workers (Regulation of  
Employment) Act of  1981.

The Industrial Relations Code, of  2020
subsumed the following laws- the Trade Unions Act, 
1926; the Industrial Employment (Standing Orders) Act, 
1946; and the Industrial Disputes Act, of  1947.

Code on Social Security, 2020
This act replaced the following laws on the social 
security of  workers -Employees’ Provident Funds and 
Miscellaneous Provisions Act, 1952; Employees’ State 
Insurance Act, 1948; Employees’ Compensation Act, 
1923; Employment Exchanges (Compulsory Notification 
of  Vacancies) Act, 1959; Maternity Benefit Act, 1961; 
Payment of  Gratuity Act, 1972; Cine-workers Welfare 
Fund Act, 1981; Building and Other Construction 
Worker’s Welfare Cess Act, 1996; and Unorganised 
Workers Social Security Act, 2008.

Juvenile Justice (Care and Protection of  Children 
Act) 2000 
This Act aims to consolidate and amend the law 
pertaining to juveniles in conflict with the law and 
children in need of  care and protection. It seeks to 
ensure the provision of  appropriate care, protection, 
and treatment for these individuals, addressing their 
developmental needs comprehensively (Indian Kanoon, 
n.d.). The “Nirbhaya Rape Case” precipitated a legislative 
response from the government to amend the law 
governing crimes committed by juveniles. Consequently, 
the Juvenile Justice (Care and Protection of  Children) Act 
of  2015 was introduced, replacing the Juvenile Justice 
(Care and Protection of  Children) Act of  2000. Under 
the provisions of  the 2015 Act, offences committed by 
juveniles are categorized into heinous offences, serious 
offences, and petty offences. Serious offences encompass 
those punishable by imprisonment ranging from three 
to seven years (PRS India, 2021). Additionally, the Act 
stipulates that juveniles charged with heinous crimes and 
falling within the age bracket of  16 to 18 years may be tried 
as adults and processed through the adult justice system. 
Seeking to further enhance the welfare and protection 
of  children, both those in need of  care and protection 
under the law, as well as those in conflict with the law, 
the Government of  India introduced the Juvenile Justice 
Amendment Act of  2021. This amendment expands the 
scope of  serious offences to include offences carrying a 
maximum punishment of  imprisonment exceeding seven 
years.

Factories Act 2011
The purpose of  the relevant legislation was to create a 
system for monitoring the assignment of  receivables and 
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ancillary issues, such as the need to register, and outlined 
the rights and responsibilities of  the parties involved in 
such transactions. Nevertheless, the Government of  India 
(GOI) took the initiative to strengthen assistance for the 
MSME sector by introducing the Factoring Regulation 
Amendment Act of  2021 and other legal amendments.
This amended law endeavors to modernize and harmonize 
the definitions of  key terms such as “factoring business,” 
“assignment,” and “receivables” in line with international 
standards. Finance Minister Nirmala Sitharaman 
emphasized the challenges often faced by MSMEs due to 
delays in receivables, prompting them to seek third-party 
interventions. (Express News Service, 2023) .

Factors Affecting the Legislation: New Laws and 
Agenda in Legislation between 2010-2020
As mentioned earlier law law-making in a country is a 
democratic process. The law is made by the parliament 
which itself  represents the people of  India. However, 
there were numerous other factors that influenced 
the legislature. The pressure groups, Social and 
Environmental activists, and religious groups exert 
influence on the legislation and also reflect the will of  
the people. The international obligation and bilateral 
agreement also shaped the agenda of  legislation. Also, 
the legislative body is aware of  the contemporary issues 
that can only be addressed through legislation. So, several 
news laws were framed by legislation.

The Civil Liability for Nuclear Damage Act, 2010
In order to establish a minimum national compensation 
amount for damage caused by nuclear catastrophes, the 
Convention on Supplementary Compensation (CSC) was 
established following the Chernobyl nuclear accident in 
1987. The 2010 Civil Liability for Nuclear Damage Act 
was created in order for India to fulfil its obligations on 
a global scale.

POCSO Act of  2012
The Protection of  Children from Sexual Offences Act 
(POCSO Act) was passed by the Government of  India 
(GOI) in 2012 in response to the rising number of  cases 
of  sexual abuse of  minors and the mounting pressure 
from human rights and social activists. Since the nation 
is a signatory to the United Nations Conventions on the 
Rights of  the Child since 1992, this law was introduced 
with the goal of  “protecting children from offences of  
sexual assault, sexual harassment, and pornography and 
providing for the establishment of  Special Courts for trial 
of  such offences and for matters connected therewith 
or incidental thereto (The Protection of  Children from 
Sexual Offences Act, 2012). In an effort to enhance 
the prevention of  sexual abuse against children, the 
Indian government updated the POCSO Act of  2012 
by introducing the Protection of  Children from Sexual 
Offences Rules in 2020. The new rules increase the 
minimum prison term for invasive sexual assault on 
children from seven years to ten years. Furthermore, 

they stipulate that individuals convicted of  penetrative 
sexual assault against minors under the age of  sixteen will 
face imprisonment ranging from twenty years to life, in 
addition to a fine (PRS India, 2019). 
The rising incidence of  sexual harassment of  women in the 
workplace is a major worry for women’s rights advocates 
and non-governmental organizations (NGOs). In 2013, 
the Government of  India passed the Sexual Harassment 
of  Women at Workplace (Prevention, Prohibition, and 
Redressal) (PoSH) Act in response to the national public 
outrage and demonstrations followed by the Nirbhaya 
Rape Case. As a result of  this law, businesses must take 
measures to ensure their employees are safe from sexual 
harassment and to take appropriate action when it occurs. 
India has shown its dedication to protecting human rights 
by ratifying the UN Declaration of  Human Rights. When 
it comes to lobbying for legislative improvements that 
are in line with their goals, human rights campaigners 
and labor unions have considerable power. Facebook 
and Twitter, among others, allow citizens to put pressure 
on government officials to solve social problems. The 
Rehabilitation of  Manual Scavengers and the Prohibition 
of  Their Employment Act of  2013 is an example of  a 
piece of  legislation that was prompted by such demands. 
This heinous practice continues even though the 
Employment of  Manual Scavenging and Construction 
of  Dry Latrines (Prohibition) Act has been in place 
since 1993 and forbids the activity. Dry and “insanitary” 
latrines are both targeted for elimination under the 2013 
Act, which also seeks to outlaw the dangerous practice 
of  human scavengers cleaning sewage systems and septic 
tanks. Also included are steps to help manual scavengers 
get back on their feet and a deadline for completing a 
thorough survey (The Prohibition of  Employment as 
Manual Scavengers and Their Rehabilitation Act, 2012)

Social-Political Activist Impacting the Legislation 
and Law Formation: The Citizen’s Ombudsman 
Bill, or Jan Lokpal Bill 
This serves as a notable illustration of  how social and 
political activists, galvanized by public support, can 
actively participate in the legislative process. The anti-
corruption movement spearheaded by Anna Hazare 
sought to combat corruption through the introduction 
of  the Lokpal Bill. The momentum generated by this 
movement compelled the government to enact the Lokpal 
and Lokayukta Act in 2013, aimed at curbing corruption.
Similarly, in an endeavor to augment the income of  farmers 
and establish direct market integration, the Government 
of  India (GOI) introduced three farm laws: the Farmers’ 
Produce Trade and Commerce (Promotion and Facilitation) 
Act, 2020; the Farmers (Empowerment and Protection) 
Agreement on Price Assurance and Farm Services Act, 
2020; and the Essential Commodities (Amendment) Act, 
2020. However, these laws faced vehement opposition 
from farmer associations and political activists, culminating 
in widespread protests. Eventually, in response to the 
protests, the GOI repealed these farm laws.



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The International Obligation and Shaping of  the Laws
Since attaining independence, India has carved out a 
distinctive position in the realm of  international affairs. 
As a member of  global organizations such as the World 
Trade Organization (WTO), the United Nations (UN), 
and various environmental treaties, India is bound by 
international obligations. The Wild Life (Protection) 
Act of  1972 serves as a foundational legal framework 
aimed at safeguarding diverse species of  wild flora 
and fauna, ensuring the conservation of  their habitats, 
and regulating the monitoring and restriction of  trade 
involving wild animals, plants, and their derivatives. In 
alignment with its commitments under the Convention 
on International Trade in Endangered Species (CITES), 
the Government of  India (GOI) enacted the Wild Life 
(Protection) Amendment Bill of  2022, thereby obliging 
itself  to adhere to newly added species. Notably, this 
amendment increases the minimum penalty for offenses 
related to specially protected species from Rs. 10,000 to 
Rs. 25,000. Furthermore, it has been observed that the 
Government of  India has previously enacted legislative 
measures to comply with the standards set forth by the 
United Nations Human Rights.

Aspect of  Transformation Through Legislation 
(2010-2020)
Legislation not only deals with the problem of  the 
people. It tried to bring reform in the country through 
various laws so that the benefits could be reached to every 
person in the country. The Legislation in India tries to 
make India what our freedom fighters and founders of  
the Constitution imagined India to be.

Social Empowerment and Inclusion
 The Indian government introduced “The Street Vendors 
(Protection of  Livelihood and Regulation of  Street 
Vending) Act, 2014” in order to promote Mahatma 
Gandhi’s mission of  empowering the most marginalized 
individuals in the country. The Act includes measures that 
aim to protect the rights of  street sellers to make a living, 
ensure their social security, and regulate street vending 
operations across India. The legislation aims to create 
a favourable and secure environment for individuals to 
engage in their economic endeavors. The legislation aims 
to forbid unjustified intimidation, eviction, or extortion 
carried out by law enforcement and local government 
officials. Simultaneously, its objective is to supervise 
street vending with the purpose of  effectively managing 
public spaces and traffic.
In a same vein, the Government of  India grants authority 
and enables those with impairments. The legislation 
is called “The Rights of  Persons with Disabilities Act, 
2016”. The legislation aims to bolster the autonomy 
of  individuals with disabilities by guaranteeing their 
entitlement to equitable treatment and a life characterized 
by respect and worth, as articulated in the Fundamental 
Rights. The legislation enforces penalties for offenses 
committed against individuals with disabilities. The 

legislation increases the quota for individuals with 
impairments from 3% to 4% in government employment 
and from 3% to 5% in higher education institutions. The 
number of  ailments has increased from 7 to 21.  

Mental Healthcare Act (MHA), 2017 
The Mental Healthcare Act of  2017 was created to 
replace the Mental Healthcare Act of  1987. Its purpose 
is to make it easier for individuals with mental illness to 
access mental healthcare and services. The main objective 
is to guarantee their right to a dignified life free from 
discrimination or harassment. In contrast to the previous 
version in 1987, which focused mostly on placing 
individuals with mental illness in institutions without 
providing them with any significant rights, the Mental 
Healthcare Act of  2017 takes a significantly different 
approach. It discourages the extended confinement of  
patients in institutions and instead supports the rights 
of  individuals to live independently and become part of  
their communities.

The Muslim Women (Protection of  Rights on 
Marriage) Act of  2019
The Government of  India (GOI) enacted the Muslim 
Women (Protection of  Rights on Marriage) Act in order 
to empower women and address the exploitation faced 
by Muslim women due to the practice of  triple talaq or 
talaq-e-biddat, which involves immediate and irreversible 
divorce. This legislation classifies triple talaq as a 
cognizable offense, which means that violators can be 
arrested without a warrant. They may face imprisonment 
for a maximum of  three years, in addition to a fine.

National Education Policy 2020
In pursuit of  rendering education more equitable and 
inclusive, and effectuating a transformative overhaul 
of  the Indian education system. Indian Government 
introduced the National Education Policy (NEP) in 
2020. This comprehensive policy initiative endeavors 
to tackle and enhance the suboptimal literacy and 
numeracy outcomes associated with primary education, 
mitigate dropout rates prevalent in middle and secondary 
schooling, and institute a multidisciplinary ethos within 
the realm of  higher education. A significant facet of  the 
NEP is the extension of  the Right to Education (RTE) to 
include children to the age of  18, thereby augmenting its 
inclusivity and reach.

Economic Integration and Empowerment
The Goods and Services Tax (GST) was introduced by the 
Government of  India (GOI) by the 101st Amendment 
Act of  2016. This measure aims to simplify company 
operations, promote sustainable economic growth, and 
enhance the economic integration of  the country. The 
implementation of  the “One Nation One Tax” policy aimed 
to establish a unified market in India. The introduction of  
this act was designed to simplify the current indirect tax 
structure in India. The implementation of  the Goods and 



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Services Tax (GST) consolidates various taxes, such as 
excise duties, customs duties, service tax, and state VAT, 
into a single rate. The Goods and Services Tax (GST) 
intends to enhance the competitiveness of  Indian trade 
and industry, both domestically and internationally, by 
reducing inflation and production costs in the economy. 
Another expected advantage of  GST is its capacity to 
facilitate the establishment of  a unified and efficient 
Indian market, which would significantly contribute to 
promoting economic growth. In 2017, the Government 
of  India (GOI) implemented three GST laws to improve 
the Goods and Services Tax (GST) system. The Central 
GST Act, the Integrated GST Act, and the Union 
Territory GST Act.
In an expanding economy like India, the steady flow of  
credit and mobilization of  capital are crucial. Corporate 
insolvency leading to loan defaults is common. To 
prevent the accumulation of  non-performing assets 
(NPAs), it is essential for financial institutions to recover 
promptly from defaulting entities. This approach not only 
ensures the availability of  new credit but also mitigates 
asset depreciation. Consequently, the GOI introduced 
the Insolvency and Bankruptcy Code in the year 2016. 
This legislative framework provides a structured, time-
bound process for resolving insolvency issues for both 
companies and individuals. The primary aim of  the IBC 
is to consolidate existing insolvency and bankruptcy laws, 
addressing the persistent NPA problem that has negatively 
impacted the Indian economy over an extended period. In 
response to growing concerns about economic offenders 
evading justice, the government enacted the Fugitive 
Economic Offenders Act in 2018. This legislation aims to 
confiscate the assets of  individuals who either refuse to 
return for judicial proceedings or flee the country to avoid 
prosecution. Notably, the Act empowers any civil court 
or tribunal to prevent a recognized fugitive economic 
offender from filing or defending a civil lawsuit.

CONCLUSION
India, the world’s largest democracy, celebrated its 75th 
year of  independence. The Indian Parliament, serving 
as the apex legislative body, diligently represents the 
will and aspirations of  its citizens. However, India’s 
legislative landscape bears the imprint of  its colonial 
past, undergoing a transformation over time. While the 
Charter Act of  1833 centralized power, the struggle 
for Indian self-governance and legislation reflective of  
indigenous needs has a longstanding history. The 1857 
revolt compelled colonial authorities to devolve powers, 
leading to subsequent acts in 1861 and 1892 that allowed 
Indian participation in legislation through nomination. 
The waves of  Indian nationalism and escalating political 
extremism further expanded Indian involvement in 
governance through acts in 1909 and 1935.
Post-independence, India’s constitution ensured 
universal suffrage, yet colonial legacies persisted in the 
legal framework. Laws such as IPC 124-A, emblematic 
of  colonial-era repression, continue to be utilized by 

successive governments to curb dissent, infringing upon 
fundamental rights. Moreover, outdated and obsolete 
laws, often used to wield state machinery like the police 
against citizens, prompted legislative efforts to repeal 
and amend them. Notably, IPC 377, criminalizing 
homosexuality, was repealed by authorities, signalling 
independence from colonial-era legal constraints. 
Additionally, efforts are made to monitor shifts in the 
legislative process, including the emergence of  new 
committees and advancements in information and 
communication technology. Examination of  post-laws 
amended or repealed between 2010 and 2020, and the 
underlying factors driving such changes, such as pressure 
groups and farm associations, are undertaken. Emphasis 
is placed on the agendas of  newly enacted laws during 
this period, such as the National Education Policy (NEP) 
and The Street Vendors (Protection of  Livelihood 
and Regulation of  Street Vending) Act of  2014. This 
underscores the transformative power of  legislation in 
shaping the trajectory of  the nation.

Acknowledgement
This research article required a lot of  direction and help 
from many people and I am very fortunate to have got 
this all along the completion of  my article. I thank to all 
the staff  members of  the IT library and library of  JNU, 
DU, CUPB and Chanakya University, Bangaluru who 
supported my research process by helping me access 
various online libraries and e-resources. 

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