A change is accompanied by a set of changes. Indian postal department, the
backbone of the country's communication channel, has evolved tremendously. In
light of the evolving role of post offices, a bill – the Post Office Bill 2023-
has been introduced in the Rajya Sabha which will replace the Post Office Act
1898. Its services have evolved from mere transmission of mail to delivering
banking, e-commerce, insurance, and many other services. India Post has become a
multiple service provider of this era, revolutionized by the internet and
technology.
With the transforming services and roles, India Post stands in need of some more
robust provisions, and regulations for its efficient functioning. This work aims
to analyze the Post Office Act, 2023 by delving into its general features,
provisions, and impact on the Indian posts, the nation, and public security. The
article critically analyzes the act and deciphers its challenges concerning the
fundamental rights of citizens, the nation's security, and the liabilities of
post offices. This work concludes by suggesting a framework to stamp out the
limitations of the act.
Introduction
Indian Post is the world's largest postal network and it operates under the
Department of Post of the Ministry of Communications. Postal services are a
union list subject which gives the central government exclusive power over it.
The Indian Post Office Act, of 1898, was enacted to govern the functioning of
postal services in India, but earlier the services were limited to mail only.
Diversification of services necessitated the repeal of the said Act. The Post
Office Act, of 2023, addresses these changes and facilitates the evolution of
the post office into a network for the delivery of citizen-centric services. For
decades, the Indian post has become a sign of truthfulness and trustworthiness.
The necessity for reform has become urgent and a much-needed modernization
ensuring that the postal network remains monumental in India's socio-economic
fabric.
Salient Features
The Post Office Act, of 2023, has a citizen-centrist framework that focuses on
the modernization of postal services and procedural ease.
Some important
features of the act are:
- It provides flexibility to the postal department in determining prices
and expeditious responses to request demands by delegating this authority to
the Director General of postal services so that in a competitive market, the
adaptability will be further enhanced.
- It enhanced security measures by empowering the central government to block the
post in cases where the security of the state, friendly foreign relations,
maintenance of public order and safety or any contravention of the law are at
stake.
- It prescribes standards for addressing items, identifiers and postcodes
by digital codes for rapid and hassle-free delivery of services. This will
also promote futuristic delivery by drones.
. It also specifies the strict recovery in arrears on service charges to
curtail the power of examination of posts by postal officers.
Comparative Analysis
The comparison between the Post Office Act of 2023 and the Indian Post Office
Act of 1898 [1] highlights the modernization and extensiveness towards the need
for reforms in the Indian Post.
Indian Post Office Act, 1898 |
The Post Office Act, 2023 |
Tariff and service charges regarding posts are
fixed through a hectic and time-consuming parliamentary approval, leading to
delayed decisions. |
The Director General's power to make such
decisions expeditiously will help the department to keep pace with the
demands of citizens and the market, which is becoming competitive due to
existing private entities. |
India Post's services comprise money orders and
postal article delivery, which includes letters, postcards, and packages. |
The scope of services can be widened according to
the contemporary needs of citizens in this digitally commanded era. |
Central, state government, or authorized officers
are allowed to conduct the interception of posts in case of a public
emergency or for safety purposes, and specified intercepting articles, such
as explosive, dangerous, noxious substances, etc. |
The scope has widened to respond to challenges
including smuggling and unlawful transmission of drugs and contraband goods. |
Understanding the comparative analysis of the Post Office Act,2023, with the
provisions and structure of the Indian Post Office Act,1898[2]. This is because
the study seems to indicate the act's legislative impropriety on account of not
incorporating beneficial clauses from the old Act. This has resulted in some
pertinent issues.
A Critical Analysis Of Issues
The act is hampered by a few major issues as follows:
- Privacy Breach
The act allows interception of postal articles on the ground of emergency and also abstains from providing procedural safeguards for interception. The Supreme Court also held that a just and fair procedure for interception must exist to protect the fundamental rights under Article 19(1)(a) and Article 21.
- Untended Gramin Dak Sevaks
They are extra-departmental employees recruited on a contractual basis in the India Post and are offered a very low salary. This act has no provision for the upliftment of the backbone of the rural postal network.
- No Legislation for Private Entities
The act's provisions apply only to India Post, which comprises a 15% share in the industry and the remaining share rests with the private courier services left unregulated. Therefore, the risk of illegal transmission is not eradicated as private courier posts cannot be intercepted, raising concerns for public and national security.
Suggestions:
The act should include:
- Use of technology that will pave the way to address the issues of interception and violation of rights. Digital scanning of articles will help in stamping out unnecessary interception of articles due to mere suspicion.
- To establish an independent entity to keep a check upon loopholes by prescribing liabilities and penalties for the post officers, as corruption at the national level is checked by an independent body called Lokpal, the postal department.
- For the upliftment of the rural postal network, Gramin Dak Sevaks should be provided with adequate remuneration and employee benefits.
- A direct disposal of inappropriate items should be preceded by an investigation, and the culprit must be given a chance to clarify his stance under due legal procedures.
Conclusion
The new act marks a significant step towards modernising the Indian Post. While
addressing certain concerns and embracing innovation, the Post Office Act, of
2023, comes with some key challenges that may hinder its effectiveness and
efficiency. With minor modifications, this act will pave the way for India Post
to become a proficient multi-service provider and adapt to the evolving needs of
people and the market while maintaining a vigorous legal foundation and ensuring
security. However, its success will further depend on balancing technological
advancement with constitutional safeguards, ensuring that modernization does not
come at the cost of fundamental rights.
End Notes:
- Contributors to Wikimedia projects, India Post - Wikipedia, Wikipedia,
the free encyclopedia (Oct. 23,
2004), https://en.wikipedia.org/wiki/India_Post.
- The Post Office Bill, 2023, PRS Legislative Research, https://prsindia.org/billtrack/the-post-office-bill-2023 (last
visited Jan. 29, 2025).
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