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Parliament of India Rajya Sabha REPORT NO. 99 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE NINETY NINTH REPORT ON ACTION TAKEN ON NINETY SIXTH REPORT OF THE COMMITTEE ON DEMANDS FOR GRANTS (2018-19) PERTAINING TO THE MINISTRY OF LAW AND JUSTICE (Presented to the Rajya Sabha on 3rd January, 2019) (Laid on the Table of Lok Sabha on 3rd January, 2019) Rajya Sabha Secretariat, New Delhi January, 2019 / Pausa 1940 (Saka) Website : http://rajya sabha.nic.in E-mail : [email protected] CS (P & L) - 197 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE NINETY NINTH REPORT ON ACTION TAKEN ON NINETY SIXTH REPORT OF THE COMMITTEE ON DEMANDS FOR GRANTS (2018-19) PERTAINING TO THE MINISTRY OF LAW AND JUSTICE (Presented to the Rajya Sabha on 3rd January, 2019) (Laid on the Table of Lok Sabha on 3rd January, 2019) Rajya Sabha Secretariat, New Delhi January, 2019 / Pausa 1940 (Saka) C O N T E N T S PAGES 1. COMPOSITION OF THE COMMITTEE (i) 2. INTRODUCTION (ii) 3. ACRONYMS (iii) 4. REPORT 1 - 32 (i) CHAPTER I 2 - 12 RECOMMENDATIONS/OBSERVATIONS WHICH HAVE BEEN ACCEPTED BY THE MINISTRY (ii) CHAPTER II 13 - 19 RECOMMENDATIONS/OBSERVATIONS WHICH THE COMMITTEE DOES NOT DESIRE TO PURSUE IN VIEW OF THE REPLIES GIVEN BY THE MINISTRY (iii) CHAPTER III 20 - 30 RECOMMENDATIONS/OBSERVATIONS IN RESPECT OF WHICH COMMITTEE HAS NOT ACCEPTED REPLIES OF THE MINISTRY (iv) CHAPTER IV 31 - 32 RECOMMENDATION/OBSERVATIONS IN RESPECT OF WHICH FINAL REPLIES OF THE MINISTRY HAVE NOT BEEN RECEIVED 5. RECOMMENDATIONS/OBSERVATIONS OF THE COMMITTEE AT A GLANCE 33 - 36 6. RELEVANT MINUTES OF THE MEETING OF THE COMMITTEE 37 - 38 COMPOSITION OF THE COMMITTEE (Re-constituted on 1st September, 2018) 1. Shri Bhupender Yadav Chairman RAJYA SABHA 2. Shri Swapan Dasgupta 3. Shri Prabhat Jha 4. Shri Majeed Memon 5. Shri D. Raja 6. Dr. K. Keshava Rao 7. Shri Sukhendu Sekhar Ray 8. Shri V. Vijayasai Reddy 9. Dr. Subramanian Swamy 10. Shri Vivek K. Tankha LOK SABHA 11. Shri Tariq Anwar 12. Dr. Sanjeev Kumar Balyan 13. Shri Kalyan Banerjee 14. Shri Sharadkumar Maruti Bansode 15. Shri Abu Hasem Khan Choudhury 16. Shri (Adv.) Joice George 17. Shri Pralhad Venkatesh Joshi 18. Choudhary Mehboob Ali Kaiser 19. Shrimati Meenakashi Lekhi 20. Shri Bhagwant Mann 21. Shri B.V. Naik 22. Shri Vincent H. Pala 23. Shri Natubhai Gomanbhai Patel 24. Shri Vitthalbhai Hansrajbhai Radadiya 25. Shri Rajiv Pratap Rudy 26. Dr. Anirudhan Sampath 27. Shri Ram Prasad Sarmah 28. Shri V. Panneer Selvam 29. Shri M. Udhayakumar 30. Shri Anshul Verma 31. Shri Kaushal Kishore SECRETARIAT Shri P.P.K. Ramacharyulu, Secretary Shri K.P. Singh, Joint Secretary Shri Ashok K. Sahoo, Additional Director Smt. Goutam Kumar, Deputy Secretary Shri Mohammad Amin Ansari, Assistant Research Officer (i) INTRODUCTION I, the Chairman of the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, having been authorized by the Committee to present the Report on its behalf, do hereby present this Ninety-ninth Report on Action Taken on Ninety-sixth Report of the Committee on Demands for Grants (2018-19) pertaining to the Ministry of Law and Justice. 2. The Ninety-sixth Report of the Department related Parliamentary Standing Committee on Personnel, Public Grievances and Pensions, Law and Justice was presented to Rajya Sabha and laid on the Table of Lok Sabha on 14th March, 2018. 3. The Ministry of Law and Justice (Legislative Department, Department of Justice and Department of Legal Affairs) furnished the Action Taken Replies on the Ninety-sixth Report of the Committee on 8th June, 13th August and 24th October, 2018, respectively. The Committee considered the draft Report and adopted the same in its meeting held on 27th December, 2018. 4. For the facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report. New Delhi BHUPENDER YADAV 27th December, 2018 Chairman, Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (ii) ACRONYMS A2J Access to Justice A2J-NEJK Access to Justice –NE and J&K ADR Alternate Dispute Resolution AIJS All India Judicial Service ATR Action Taken Report BCI Bar Council of India COS Committee of Secretaries CSS Centrally Sponsored Scheme ECI Election Commission of India ECIL Electronics Corporation of India Limited EPIC Electoral Photo Identity Cards EVMs Electronic Voting Machines ICADR International Centre for Alternative Dispute Resolution ICPS Institute of Constitutional and Parliamentary Studies ICT information and Communication Technology ILDR Institute of Legislative and Drafting Research ILI Indian Law Institute ITAT Income Tax Appellate Tribunal LAN Local Area Network MHA Ministry of Home Affairs MNREGA Mahatma Gandhi National Rural Employment Guarantee Act NALSA National Legal Services Authority NHPC National Hydroelectric Power Corporation NIC National Informatics Centre NIOT National Institute of Ocean Technology NJA National Judicial Academy OLW Official Language Wing SLP State Litigation Policy SPV Special Purpose Vehicle UNDP United Nations Development Programme UC Utilization Certificates WAN Wide Area Network (iii) R E P O R T The Action Taken Report of the Committee deals with the action taken by the Ministry of Law and Justice on the recommendations/observations of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its Ninety-sixth Report on the Demands for Grants (2018-19) of the Ministry. The Report was presented to Rajya Sabha and laid on the Table of Lok Sabha on the 14th March, 2018. 2. The Action Taken Replies of Legislative Department, Department of Justice and Department of Legal Affairs, Ministry of Law and Justice in respect of the recommendations contained in the above mentioned Report were received on 8th June, 13th August and 24th October, 2018, respectively. However, it is pertinent to mention that Action Taken Replies relating to Election Commission of India are still awaited inspite of reminder from Secretariat. Replies of the Departments have been categorized as follows: Chapter – I : The recommendations/observations which have been accepted by the Ministry i.e., in respect of paras 3.4, 3.5, 3.6, 5.7, 5.14, 5.18, 5.27, 6.10, 6.11, 6.20, 6.29, 6.45, 6.71, 6.73, 6.75, 6.80 and 6.91 of the Report. The Committee is pleased to note that the Ministry has accepted its recommendations. Chapter – II : The recommendations/observations which the Committee does not desire to pursue in view of the replies given by the Ministry i.e., in respect of paras 5.5, 5.28, 6.72 and 6.85 of the Report. The Committee has accepted the explanations furnished by the Ministry and does not wish to pursue them further as of now. Chapter – III : The recommendations/observations in respect of which Committee has not accepted replies given by the Ministry i.e., with regard to paras 3.7, 5.6, 5.13, 5.34, 5.46, 6.36, 6.37, 6.70 and 6.79 of the Report. The Committee expresses its concern for not accepting the recommendations of the Committee dealt with in Chapter – III of this Report and reiterates its recommendations. Chapter – IV – The recommendations/observations on which final replies of the Ministry of Law and Justice have not been received. The Committee expresses its deep concern that it did not receive the replies from the Election Commission in respect of Committee's recommendations. Similarly, the reply of Department of Justice was not received in respect of Committee recommendation vide paras 6.53, 6.88 and 7.2. The Committee desires that Legislative Department/Election Commission of India should furnish action taken report in respect of recommendations mentioned in Chapter – IV without any further delay. 1 CHAPTER - I RECOMMENDATIONS / OBSERVATIONS WHICH HAVE BEEN ACCEPTED BY THE MINISTRY LEGISLATIVE DEPARTMENT Recommendation/Observation of the Committee 1.0 There are twenty two languages specified under VIII Schedule of the Constitution which includes six classical languages i.e. Tamil, Sanskrit, Malayalam, Kannad, Telugu and Odia. Article 343 stipulates that the official language of the Union shall be in Hindi in Devanagri Script and English. The Official Language Act, 1963 and the Official Language Rules, 1970, promotes use of Hindi progressively in official work in addition to English. Article 345 of the Constitution mentions that official languages of a State may one or more languages or Hindi or English. Article 120 of the Constitution mentions that the business in Parliament shall be transacted in Hindi or in English. Similarly Article 210 mentions that the business in the legislature of a State shall be transacted in the official languages of the State or in Hindi or in English. Article 351 cast duty upon the Union Government to promote Hindi having special reference to composite culture of India and for its vocabulary reliance is placed primarily on Sanskrit and secondarily on other languages. Article 350 gives a constitutional right to every citizen of the country to send petition to any authority of the Union or the State in any languages used in the Union or in the State as the case may be. (Para 3.4) 1.1 Out of twenty two languages specified in VIII Schedule of Constitution. The Legislative Department brings out authoritative texts of Constitution in sixteen languages. Those are Assamees, Bengali, Gujarati, Hindi, Kannad, Telugu, Tamil, Kashmiri, Konkari, Malayalam, Marathi, Punjabi, Odia, Urdu, Sindhi, Sanskrit and Nepali. The Legislative Department is responsible for translation of Central Legislation both supreme and subordinate in languages mentioned in VIII Schedule of the Constitution.
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