In a major development, the Union government, under PM Modi, is set to introduce three important bills in Parliament. This could change the way political leaders hold office after facing criminal charges. The proposed amendments state that a prime minister, chief minister, or minister, at the Centre or in the states, will automatically lose their position.
If a prime minister, chief minister, or minister is arrested or detained for 30 consecutive days in a case that carries a punishment of five years or more in prison, they will lose their office.
Union Home Minister Amit Shah will table the Constitution (130th Amendment) Bill, the Government of Union Territories (Amendment) Bill, and the Jammu and Kashmir Reorganisation (Amendment) Bill today (20th August). These bills are expected to be taken up in the last two days of the monsoon session.
What the Bills Propose
The Constitution (130th Amendment) Bill seeks to insert a new clause in Articles 75, 164, and 239AA of the Constitution. It makes it mandatory for a minister, chief minister, or the prime minister to give up office. This is required if they remain in custody for 30 consecutive days.
If the leader does not resign by the 31st day, they will automatically cease to hold their position. However, once the person is released from custody, the President or the respective governor may reappoint them to the same office.
Currently, there is no such rule. At present, MPs and MLAs lose their seat only if they are convicted of a crime carrying two years of imprisonment or more. Ministers, however, can continue to serve until conviction, even if they are in custody.
Arguments by the Government
The government has described this step as a “major reform” aimed at reducing the “criminalisation of politics” and strengthening public trust in the system. A note attached to the bills says that the “conduct of ministers should be above suspicion.” Moreover, it states that leaders facing serious criminal accusations should not continue to hold public office.
This move follows past controversies where ministers or even chief ministers continued in power while in jail. For example, former Delhi chief minister Arvind Kejriwal ran the government from prison last year while facing custody in the liquor policy case. Similarly, Tamil Nadu minister Senthil Balaji remained in the cabinet after his arrest under money laundering laws.
Opposition Criticism
The opposition, however, has strongly opposed the bills. They argue that the laws could be misused by the ruling party to destabilise opposition-led state governments. Congress MP Abhishek Manu Singhvi alleged that central agencies such as the Enforcement Directorate (ED) could arrest opposition leaders on flimsy grounds. Therefore, they could effectively remove them from power without an electoral battle. However, the opposition has always used criticism in every political reform.
Next Steps
The government is likely to refer the bills to a joint parliamentary committee for detailed examination. With just one day left in the monsoon session, lawmakers and political parties are bracing for a heated debate both inside and outside Parliament.
The proposed law could alter the political atmosphere dramatically. As it touches the top offices in the country, including that of the Prime Minister. While the government calls it a step toward ethical governance, critics fear it could become a tool for political vendetta.
