The Winter Session of the Indian Parliament that concluded on December 22nd was one among the most turbulent and high-stakes sessions in recent Indian history. The events saw the passage of 18 laws, a controversial mass suspension of 146 Opposition Members of Parliament (MPs)—a move hitherto unheard of—and another Opposition MP’s rare expulsion.
The mass suspension of 146 lawmakers originated from an unforeseen security breach. Notably, the disruption involved five individuals who managed to infiltrate the Parliament complex and use gas canisters while slogans were made. This incident prompted intense discussions on the state of security, as it coincided with the anniversary of a damaging terror attack on India’s Parliament in 2001.
Among the 18 bills passed during this session were three controversial ones: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act. These new legislations, intended to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively, are proving divisive. They have been criticized for having regressive provisions—for example, criminalizing a false promise to marry under Section 69 of the Bharatiya Nyaya Sanhita. Moreover, laws like Section 150, in effect, reintroduce “sedition”—further stoking criticism.
Another act under fire is the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 because of its reconstitution of the component committee for the Election Commissioners’ selection. Previously, the Chief Justice of India (CJI) was part of the selection process, but the CJI has now been dropped. Critics argue that this opens the door for future appointments to favor the executive branch, considering they now have a majority within the panel.
The new Telecommunications Act, 2023, and Post Office Act, 2023 are also causing alarm. Both legislate actions ostensibly in the interest of “national security” without adequately defining that term. Thus, fear is rife that this could open an unimpeded pathway for mass surveillance and violation of citizens’ privacy rights.
Amidst this upheaval, this session also concluded with the notorious expulsion of Mahua Moitra, an Opposition MP, from Parliament’s Ethics Panel. This led critics to contest that the Committee went beyond its mandate, having expelled the accused MP without allowing her adequate opportunity to respond to the charges.
The Winter Session, marred by mass suspensions and divisive legal alterations, was undeniably eventful. The breach of security and robust institutional changes occurring—all while eroding constitutional rights—cast a concerning shadow over India’s democratic landscape.
This analysis is adapted from an article by Samar Veer, a third-year law student at National Law University, Delhi, originally published on JURIST.