New Delhi13 minutes agoAuthor: Mukesh Kaushik
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When Shah introduced the bill in the Lok Sabha on August 20, the opposition MPs came to the well and created a ruckus.
3 bills related to the removal of the Prime Minister, Chief Minister and ministers arrested from the post have been sent to the Joint Parliamentary Committee (JPC), arrested on serious allegations. On Thursday, Home Minister Amit Shah put them in the Rajya Sabha amidst the noise.
The House approved a proposal to send them to JPC. The Lok Sabha has already approved it. These include the Constitution (130th Amendment) Bill, 2025, Union Territory (Amendment) Bill, 2025 and Jammu and Kashmir Reorganization (Amendment) Bill, 2025.
JPC will consist of 21 members of Lok Sabha and 10 Rajya Sabha members. The report will be submitted in the winter session. The provisions of the bill are facing allegations and counter-allegations in the ruling party and the opposition. At the same time, the opinion of experts is also divided on the 130th amendment bill of the Constitution.
A class is seeing it as purification of politics. At the same time, the class associated with the legal fraternity says that there will be a possibility of misuse of the Act in the states in the states or due to the spirit of political revenge. This is the reason why it will be easily challenged in the Supreme Court.
Bill can be challenged in Supreme Court Former Supreme Court Judge Justice (R) AK Patnaik said that the proposed bill will be used against opposition governments in the states. The Center has agencies like CBI and ED in hand, which can ensure which CM or Minister to keep in jail for how many days. With this, the central government will be able to take away the post from CM or ministers.
If the government is weak, the CM will be shaken as soon as it is removed. In the past, many CMs or ministers have been in jail for more than 30 days but the charges against him have not been proved till date. This will be easily challenged in the Supreme Court.
At the same time, former Rajya Sabha general secretary VK Agnihotri said that this is a good step in terms of political purity. If a civil servant remains in jail for more than 48 hours for any reason, then it is considered suspended under the rules of civil service. Restoration of restoration has to be done after bail.
PM, CM and Minister are also government servants. If a CM loses a chair due to being in jail for more than 30 days, then the party can make another leader a CM or minister. The party will remain in power. This remedy should be welcomed.
Shah introduced the bill in Lok Sabha on 20 August
After Shah’s bill, the opposition MP came and started committing uproar.
On August 20, Union Home Minister Amit Shah arrested a bill with provisions to remove the Prime Minister, Chief Ministers and Ministers from the post for 30 consecutive days and for 30 consecutive days.
During this, there was heavy opposition and uproar by the opposition. Some members tore the bill copies. These three bills have been brought separately, as there are separate provisions for the central government, state government and leaders of union states.
- First bill: The 130th Constitution Amendment Bill is 2025, which will apply to the Central and State Governments.
- Second Bill: The Government of Union Territories (Amendment) Bill is 2025, which is for union territories.
- Third bill: The Jammu and Kashmir Reorganization (Amendment) Bill is 2025, which will be implemented to Jammu and Kashmir.
These provisions were placed in all three bills …
- No person can be arrested as a minister of the Prime Minister, Chief Minister, Central or State Government from jail after being arrested.
- In this bill, the accused politician has also been given a provision for taking bail from the court within 30 days of arrest. If they are unable to get bail in 30 days, then either the Prime Minister at the Center and the Chief Minister in the states will remove them from the posts.
- They themselves will be disqualified to act legally. After the legal process, if such a leader gets bail, then he can again come to his post.
CBI-Ed arrested 13 sitting ministers after 2014 After 2014, CBI-Ed has been arrested at least 13 seating ministers. Of these, 10 arrests were made under strict provisions of PMLA. Most of the arrests were made in the APP -ruled Delhi and TMC -ruled West Bengal.
No BJP minister has been arrested. Only Uttar Pradesh Minister Rakesh Sachan was sentenced to one year in the case of illegal weapons. He remains on The after bail.
Kejriwal did not resign even after 6 months of his arrest
The then CM Kejriwal was arrested in the liquor policy case.- File photo
The central government believes that these three bills will strengthen the credibility of democracy and good governance. Till now only the guilty of the constitution under the Constitution could have been removed from the post. There is no clear arrangement in the existing laws to remove the leaders sitting in constitutional post.
There have been legal and political disputes about this. The then CM of Delhi, Arvind Kejriwal, was also holding the post even after the arrest of the ED in the liquor policy case. He resigned after bail.
Here, Tamil Nadu minister Senthil Balaji was also a minister while staying in jail for 241 days, Balaji was arrested by the Enforcement Directorate (ED) in the money laundering case in June 2023 on the charge of cash scam in exchange for jobs in Metropolitan Transport Corporation (MTC). Even after this, he remained in office till 13 February 2024.
Prior to the arrest, he was handling the Department of Electricity, Excise and Alcohol. After the arrest, Chief Minister M.K. Stalin maintained him a “minister without department” and handed over his department to other colleagues.
In the three bills that Shah will present today, no information has been given about the type of criminal allegations, but at least five years in jail for crime. It will include serious crimes such as murder and even large -scale corruption.
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