The Lok Sabha Passed the Post Office Bill 2023

December 18, 2023

GS Paper II Indian Polity and Governance

Context: The Lok Sabha passed the Post Office Bill 2023 to replace the Indian Post Office Act of 1898.

The Bill was introduced in the Rajya Sabha on August 10 during the Monsoon Session before being passed by the upper house on December 4.

About the Post Office Bill 2023

Aim: To provide a simple legislative framework for post offices, facilitating their evolution into a network for citizen-centric services.
Postal services come under the Union List of the Constitution.
Appointment of Director General of Postal Services: The Director General of Postal Services will be appointed to head India Post with powers to make regulations on various matters, including tariffs for services and supply of postage stamps.

Why has the new legislation been introduced?

Modernizing Postal Legislation: The Post Office Bill 2023 replaces the Indian Post Office Act 1898 as the law mainly addressed regular services such as delivery of letters and similar functions. The new bill reflects the evolution of the Post Office into a hub for various citizen-centric services such as banking beyond traditional mail.
- For Example: There are more than 26 million accounts that have more than USD 200 billion in deposits in post office savings services.

Post Office Bill 2023: Key Features

The Indian Post Office Act, 1898	Post Office Bill 2023
Exclusive Privileges of the Central Government: The Act provides that wherever the central government establishes posts, it will have the exclusive privilege of conveying letters by post, as well as incidental services such as receiving, collecting, sending, and delivering letters.	The Post Office Bill 2023 does not provide for such privileges.
Services to be prescribed: The Act specifies the services provided by India Post to include: Delivery of postal articles, including letters, postcards, parcels, and money orders.	The Post Office Bill 2023 provides that India Post will provide services as may be prescribed by the central government.
Powers to intercept postal articles: The Act allows interception of an article being transmitted through post on certain grounds. An interception may be carried out on the occurrence of any public emergency, or in the interest of public safety or tranquility. Such interceptions may be carried out by the central government, state governments, or any officer specially authorized by them.	The Post Office Bill 2023 instead provides that interception of an article being transmitted through post may be carried out on the following grounds: the security of the state, friendly relations with foreign states, public order, emergency, public safety An officer empowered by the central government through a notification may carry out interception.
Examination of postal articles prohibited under law or liable for duty: Under the Act, an officer in charge may examine a postal article if he suspects that it contains goods which are prohibited, or are liable to be paid duty upon. The Bill removes the powers of examination.	The Post Office Bill 2023 provides that in suspected cases, the central government may empower an officer of India Post to deliver the postal article to the customs authority or any other specified authority. The authority will then deal with the item in question.
–	Regulation of Private courier services: The Post Office Bill 2023, for the first time, regulates private courier services by bringing it under its ambit.
–	Exemption: The post office or post officials will be exempt from liability for loss, misdelivery, delay or damage while rendering postal service except when a liability has been prescribed in government rules.
–	Recovery of Unpaid Postal Service Charges as Land Revenue: Person using the postal services will have to pay charges for the services. If the person does not pay these charges because of any reason, the due charges can be recovered as land revenue.

Post Office Bill 2023: Concerns

Conflict of Interest: The Post Office Bill 2023 exempts India Post from liability for lapses in postal services.
- Liability may be prescribed through Rules by the central government, which also administers India Post. This may lead to a conflict of interest.
Right to Privacy: The Bill does not specify any offenses and penalties.
- For instance, there are no consequences for the unauthorized opening of postal articles by a postal officer. This may have adverse implications for the right to privacy of consumers.
Lack of Procedural safeguards: The Post Office Bill 2023 does not specify procedural safeguards for interception of articles transmitted through India Post.
- Lack of safeguards may violate freedom of speech and expression.
Vagueness in Terminology: The grounds for interception include ‘emergency’, which may be beyond reasonable restrictions under the Constitution.

Conclusion:

The introduction of the Post Office Bill 2023 is an important step toward modernizing the functioning of the Indian Post Office.
By addressing contemporary postal services and empowering the Director General and the Central Government to regulate and manage various aspects, the bill aims to enhance the efficiency, security, and relevance of the Post Office in the digital era.

News Source: The Indian Express