The second half of the Parliament Winter Session was particularly notable as the Lok Sabha witnessed a security breach, post which 146 MPs were suspended from both the houses of Parliament, accounting for 19% of the strength of each House. This is the highest number of suspensions in the history of Parliament so far. 

Strikingly, the suspended MPs all belonged to Opposition parties, which consequently led to the passage of crucial bills in both Houses, such as the Telecom Bill and the Criminal Law Bills, with minimal debate and little to no inputs from the opposition.  All 10 bills presented during this session were “successfully passed.” Furthermore, seven bills that were pending from previous sessions also received approval. Even though Lok Sabha functioned for 74% of its scheduled time, and Rajya Sabha for 81%, the expedited passage of significant legislations and the increased productivity was marred and marked by absence due to suspension of several Members of Parliament, leading to swift approvals with limited deliberations and minimal input from the opposition. The reflection on the recently concluded session is imperative due to the passage of 17 bills with minimal amendments, especially given the circumstances behind the arbitrary multiple suspensions by the Speaker and Chair of both houses, posts that are required, constitutionally to be non-partisan.

Apart from the fact that elected representatives of 240 million Indians were thus shamelessly silenced, the union government under a majoritarian Modi went further. Over a span of three days during the Winter Session, an alarming number of questions posed by suspended Opposition MPs were deleted from both the Lok Sabha and the Rajya Sabha records, revealing a worrying trend that stifles the essence of democracy.

Between December 19 and 21, a total of 264 questions were wiped off the parliamentary slate. These questions, addressing crucial issues from income tax probes and personal data protection, ought to have remained in Parliament’s archives as elected representatives’ means to scrutinise and seek accountability from the government. What followed the suspension of 146 MPs demanding accountability over a security breach in Parliament that took place on December 13, was the erasure of their inquiries, effectively muting their voices within the legislative framework.

According to the Parliamentary observer Maadhyam, a majority of the unanswered questions were those asked by MPs (elected officials) who had been temporarily suspended. The publication pointed out that once a question has been admitted for answering, the presence of the MP asking the question in the House is not required for that question to be answered. This is true for both questions that require oral and written answers. And yet questions were left unanswered, which in turn must adversely affect people’s ability to learn about government functioning. 

Some of the important questions that were deleted and unanswered included inquiries on topics such as – :

• Income Tax notice to Fintech companies 
• Personal data of Aadhar registered users 
• Medical data breach
• Tracking devices on prison inmates
• Harms of Generative Artificial Intelligence (AI):
• Digital Personal Data Protection Bill

The impact of deleting these questions extends beyond the chambers of Parliament. It symbolises a serious dent in the democratic process, nullifying the role of elected representatives as advocates for the concerns and interests of the public. Questions regarding income tax probes into major tech companies, the breach of personal data of Aadhar users, and the compromising of medical data underscored critical issues affecting millions, yet they remained unanswered, depriving citizens of vital information about their governance.

These deletions not only obstructed the avenue for the opposition to hold the government accountable but also obstructed citizens’ right to information. MPs represent the diverse concerns and voices of their constituencies; by silencing their inquiries, the government inadvertently silenced the very electorate they were elected to represent.

The Hindustan Times, the newspaper that first broke the story, recorded the reaction of the ministers to their suspension:- 

• Rashtriya Janata Dal (RJD) MP Manoj Kumar Jha, who was suspended from the Rajya Sabha on Monday for the remainder of the session, said: “Don’t confine our concerns to galleries, lobbies, or chambers. Instead, ensure that the essence of those concerns, shaped through a question, doesn’t fade away. If that essence diminishes, it signifies a critical concern for all of us.”
• Jha said through a series of questions, he sought to know from the education ministry about the “large-scale displacement” of teachers in Delhi University. “With just one stroke, you have effectively terminated all their careers. This question holds immense significance, particularly concerning higher education and the idea of representation within it. However, it seems to have become the government’s prerogative or perhaps a desire on their part to suspend MPs solely to avoid critical questions about the government’s functioning,” he said.
• Lok Sabha MP Danish Ali, who was recently expelled from the BSP for “anti-party activities” and suspended from the Lower House on Tuesday, said: “It’s really unfortunate because I was suspended for nothing. I did not go to the Well of the House, I did not hold a placard and they suspended me. So where should I go? These questions are not being asked on the day when we were suspended. These were fielded earlier. We had to give them in writing about two weeks earlier… This government does not think they are accountable to Parliament.”

Moreover, the deleted questions spanned a spectrum of vital sectors, from tech policy to healthcare and law enforcement, highlighting the multifaceted impact of this suppression on the flow of crucial information across sectors that directly affect citizens’ lives.

The absence of these questions not only signifies the diminishing role of Parliament as a platform for robust debate but also portrays a concerning precedent where the opposition’s ability to question the government is curtailed, ultimately limiting the accountability of those in power. It created an environment where scrutiny took a backseat, and the democratic process suffered.

The deletion of questions during this session echoes louder than just the erasure of words; it echoes the suppression of democracy’s foundational principles—transparency, accountability, and representation. The ripple effect extends far beyond the parliamentary halls, impacting citizens’ access to essential information and stifling the democratic process itself.

As the nation reflects on this unprecedented deletion of questions, it’s imperative to underscore the critical role of elected representatives and their questions in upholding the essence of democracy—a voice for the people, by the people.

(The writer is a legal intern) 

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The Telecommunications Bill, 2023, introduced by Union Minister Ashwini Vaishnaw in the Lok Sabha on December 18, 2023, aims to overhaul antiquated legislation like the Indian Telegraph Act, 1885, and Indian Wireless Telegraphy Act, 1933. This bill intends to “modernise” regulations governing communication technologies to adapt to the evolving digital landscape. The bill was passed on December 20, 2023 with no substantive debate as the Opposition benches remained largely empty with as many as 97 MPs having been suspended from the House.

The Bill was passed in an aggressive and tumultuous session of Parliament with 97 members of parliament (MP) suspended at the time of its passage in the Lok Sabha while, at the same time, another 46 MPs had been suspended from the Upper House, the Rajya Sabha. 

Key Provisions

Scope and Ambiguity

The bill’s language is broad and ambiguous, causing apprehension among activists and legal experts. Its potential expansive interpretation raises concerns about its application to all digital applications within India, impacting fundamental rights such as privacy, freedom of expression, and access to information.

Authorisation requirement

The proposed Bill aims to overhaul the existing licensing regime for telecom networks, transitioning from the current system to an authorisation framework. Under the present arrangement, the telecom department issues over 100 types of licenses, registrations and permissions. The Bill aims to streamline this process by consolidating many of these into a “single authorisation mechanism.” 

A pivotal element of the bill mandates authorisation for all telecommunication service providers. Failure to comply could lead to the blocking or banning of channels. However, ambiguity surrounding the definition of “unauthorised channels” raises concerns about potential misuse or arbitrary enforcement by authorities. 

Prior authorisation from the union government will be required to provide telecommunication services, establish, operate, maintain, or expand telecommunications networks, or possess radio equipment. 

Existing licenses will continue to be valid for the period of their grant, or for five years, where the period is not specified.

Assignment of spectrum

Spectrum will be assigned by auction, except for specified uses, where it will be allocated on an administrative basis. These include purposes such as national security and defence, transport, satellite services such as DTH and satellite telephony, and BSNL, MTNL, and public broadcasting services. The union government may re-purpose or re-assign any frequency range. The union government may also permit sharing, trading, leasing, and surrender of spectrum.

Regulation of OTT Apps

The Bill has removed over the top (OTT) services and apps from the definition of telecommunication services, in a big relief to communication service providers such as WhatsApp and Telegram. The Ministry of Electronics and IT will handle the regulation of OTT apps under the potential Digital India Act, not included in the Telecom Bill.

Adjudication process

The union government will appoint an adjudicating officer to conduct inquiries and pass orders against civil offenses under the Bill.

Penalties and Surveillance Powers

The bill imposes stringent penalties on users accessing “unauthorised channels”, subject to authorities’ discretion. It grants the government extensive powers for temporary control and tracking of information on grounds of public safety and national security, prompting fears of unchecked surveillance and communication network control.

The Bill specifies various criminal and civil offenses. Providing telecom services without authorisation, or gaining unauthorised access to a telecom network or data, are punishable with imprisonment up to three years, a fine up to two crore rupees, or both. The breaching of terms and conditions of authorisation is punishable with a civil penalty up to five crore rupees. The possession of unauthorised equipment, or using unauthorised network or service, is punishable with a penalty of up to ten lakh rupees.

The messages between two or more persons may be intercepted, monitored, or blocked on certain grounds. Such actions must be necessary or expedient in the interest of public safety or public emergency, and must be in the interest of specified grounds which include: security of the state, prevention of incitement of offenses, or public order. Telecom services may be suspended on similar grounds. The government may take temporary possession of any telecom infrastructure, network, or services on occurrence of any public emergency or public safety. An officer authorised by the government may search premises or vehicles for possession of unauthorized telecom networks or equipment.

Critical Analysis

Democratic process and Opposition absence

The bill’s passage in the Lok Sabha occurred amid the suspension of over 143 Opposition leaders in both houses of Parliament (97 Opposition MPS were not even present in the Lok Sabha at the time of its passage). The absence of opposition voices during the debate and voting stages raises questions about democratic processes, undermining essential checks and balances required for comprehensive legislative scrutiny.

Concerns about fundamental rights

The bill’s vague language and extensive powers raise substantial concerns about potential violations of fundamental rights, particularly the right to privacy and freedom of expression. Biometric Authentication is mandatory for telecom customers to combat spam calls and messages. Its broad scope could facilitate mass surveillance without adequate safeguards.

Ambiguity and interpretation

Key terms like “message” and “unauthorised channels” lack precise definitions, providing wide leeway for interpretation. This ambiguity might allow arbitrary application and selective enforcement, potentially impeding constitutional freedoms.

Importance of Deliberation and Transparency:

The hurried passage of the Telecommunications Bill, 2023, without robust debate or input from diverse representatives, diminishes the democratic essence of legislative processes. Laws regulating communication technologies have far-reaching implications for citizens’ rights and freedoms, necessitating thorough scrutiny and robust safeguards.

Status of the Telecom Sector in India

The Telecom industry in India is the second largest in the world with a subscriber base of 1.179 Billion as of August 2023 (wireless + wireline subscribers). It is also the fourth largest sector in terms of FDI inflows, contributing 6% of total FDI inflow. India has an overall tele-density of 84.69%. Tele-density denotes the number of telephones per 100 population, and is an important indicator of telecom penetration. The average monthly data consumption per wireless data subscriber has also increased to 17.36 GB in March 2023 from 61.66 MB in March 2014.

Conclusion: A call for transparency and accountability

The passage of the Telecommunications Bill, 2023, in the Lok Sabha, amidst concerns about its impact on fundamental rights, raises critical questions about balancing security, regulation, and upholding democratic principles. Comprehensive deliberation, transparency, and a balanced regulatory approach are crucial to safeguard national security interests while preserving citizens’ constitutional freedoms.

The new bill brings about far greater powers for the government than the laws it replaces. Many activists and researchers have called the bill “draconian” because it empowers the government to temporarily control and track information on grounds of public safety and national security. 

As The Wire reports, a message under this Bill is defined as any “sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication.” A key feature of the Bill is that its scope is ambiguous enough to be broadly applicable to all digital apps within the country, which will be forced to comply with the law. 

“Definitional ambiguity in the Telecom Bill, 2023 leaves us worried and confused about its application to internet services. In any scenario, the bill will have implications for our fundamental right to privacy as well as our constitutional freedoms such as freedom of expression and right to receive information,” Internet Freedom Foundation noted. Further, any telecommunication service will have to apply for authorization under the Bill, which means that any unauthorized channels will likely be blocked or banned.

Using unauthorised channels comes with steep penalties for users, if the authorities have “reason to believe so” – another vague provision whose ambiguity raises concerns about how it might be applied. The process being undemocratic raises concerns as the Bill is one big step closer to becoming law. It is crucial to ensure that such bills undergo meticulous scrutiny, encompass robust safeguards for fundamental rights, and reflect the consensus of diverse voices in a democratic society. Transparency, accountability, and a balanced approach to regulation are essential to create an environment that protects both national security interests and citizens’ constitutional freedoms.

(The author is an intern with the organisation)

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Parliamentary inquiry unveils 165 data breaches from 2018-23 as reported by CERT-In

Union data shows increasing beneficiaries of scholarships for OBCs in the past 5 years

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