Chaos in Parliament Over New Bills That Could Unseat Ministers Facing Jail Terms
New Delhi: Parliament witnessed intense uproar on Wednesday after Union Home Minister Amit Shah introduced three controversial Bills aimed at ensuring stricter accountability among elected representatives.
According to the new proposals, any minister, chief minister, or even the Prime Minister can be removed from their post if they remain in jail for 30 consecutive days on charges of corruption or other serious offences.
Opposition’s Strong Objections
The Opposition staged a strong protest, terming the move an assault on the federal structure of India and the spirit of the Constitution. Leaders from multiple parties argued that the Bills undermine the principle of “innocent until proven guilty”—a cornerstone of democratic justice.
They also said that it blurs the line between the Executive and the Legislature, amounting to a violation of the separation of powers.
Critics fear that these laws, if passed, will allow the ruling government to misuse central investigative agencies against political opponents.
Since 2014, the Opposition has consistently accused the BJP-led Centre of weaponising agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to selectively target leaders from rival political parties.
Track Record of Arrested Ministers Since 2014
The statistics cited during the debate give weight to the Opposition’s concerns. Over the past 11 years, there have been at least 13 instances where sitting ministers were arrested or detained.
- 10 of these cases involved arrests under the controversial Prevention of Money Laundering Act (PMLA), which imposes extremely harsh bail conditions and keeps the accused in jail for extended periods.
- A significant number of these detentions occurred in states governed by Opposition parties—most notably the Aam Aadmi Party (AAP) in Delhi and the Trinamool Congress (TMC) in West Bengal.
Notably, no serving ministers from the BJP or its allied parties have faced arrests during this period, adding to allegations of political bias in the implementation of these laws.
The Case of BJP’s Rakesh Sachan
The only case of a BJP minister facing conviction since 2014 is that of Rakesh Sachan, who was serving as Uttar Pradesh’s MSME Minister. In August 2022, a Kanpur sessions court convicted him under the Arms Act for possession of illegal weapons.
While the court sentenced him to one year of imprisonment, he was not arrested since the punishment was below the threshold for immediate incarceration. Sachan was granted bail and continues to serve as a minister, which highlights the selective nature of how cases are handled.
Debate Over Constitutionality
The Opposition insists that these Bills, if passed, could destabilize elected governments and weaken the very foundation of democracy.
- Federalism at Risk: States fear this gives the Centre undue powers to dislodge elected leaders.
- Misuse of Law: With most arrests of Opposition leaders already happening under central agencies, the 30-day removal clause could effectively silence dissent.
- Judicial Concerns: As trials in corruption cases often take years, a person may be jailed before a final conviction, which raises questions about fairness.
On the other hand, the government argues that the Bills are designed to strengthen public faith in governance and ensure that corrupt individuals cannot continue to hold high office while in jail. Supporters of the move believe it will send a strong message of zero tolerance against corruption.
The Road Ahead
The three Bills are expected to face stormy debates in the coming days, both inside and outside Parliament. While the ruling BJP has a strong majority in the Lok Sabha, the Rajya Sabha debate could see heated confrontations.
Civil society groups, constitutional experts, and opposition leaders are already warning that the proposed legislation might set a dangerous precedent, potentially eroding democratic safeguards.
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