The Constitution Amendment Bill moved by the Centre to provide for removal of a state or central minister would never have been required had Arvind Kejriwal resigned as the Delhi Chief Minister after he was sent to jail, Union Home Minister Amit Shah said on Friday.
He was referring to the Constitution Amendment Bill introduced in Lok Sabha on Wednesday that proposes to remove ministers at the Centre and in states, including chief ministers and the prime minister, from their posts if they are jailed for 30 days on charges of corruption or serious offences.
Speaking at the Manorama News Conclave 2025 in Kochi, Kerala, Shah said that such an amendment to the Constitution was never envisaged as no one could imagine that a minister would refuse to resign despite being sent to jail.
"Before the Delhi incident, in the 75 years of India's independence, never was a need felt to bring such an amendment to the Constitution. Several ministers and chief ministers were imprisoned in the past but they all resigned before going to jail. However, the Delhi Chief Minister ran the government while being lodged in prison. So should the Constitution not be amended?" Shah said.
Shah further said that the BJP, which has been in power at the Centre for the past 11 years, also never felt the need to bring such an amendment to the Constitution.
"Had Arvind Kejriwal tendered his resignation, we would not need to do it even today," Shah said, referring to the AAP convener's incarceration for five months in the Delhi liquor policy case.
Shah further said that it is his strong belief that the responsibility to maintain levels of morality in a democracy rests with both the ruling and opposition parties.
"The same Rahul Gandhi, who slammed an ordinance cleared by the Manmohan Singh government to overturn a Supreme Court ruling to disqualify an MP in the event of a prison sentence of more than two years only to protect Lalu Prasad Yadav, is today hugging the same leader at Patna's Gandhi Maidan. Lalu ji is out on bail on health grounds," Shah pointed out.
Shah then asked Rahul Gandhi to reveal what transpired in these few years that after castigating an ordinance brought by your own government on the same issue that led to such "unceremonious" protests by the Congress party in parliament on this issue.
"This Bill is not specific to any political party. It will apply to Chief Ministers of the BJP as well as the Prime Minister who is also from the BJP," Shah said.
Shah said that contrary to the 39th Constitution amendment brought by then Prime Minister Indira Gandhi that placed the elections of the President, Vice-President, Prime Minister, and Speaker of the Lok Sabha beyond the purview of the judiciary, we have Narendra Modi as our PM who places himself within the ambit of such a law.
"And the Opposition is protesting against this. I wonder how Congress will face elections. People of the country will ask them if a government can be run from prisons. Will Chief Secretary, Home Secretary visit jails to get files signed from the Chief Minister?," Shah said, appealing to the Opposition parties to put forth their suggestions in the joint committee of parliament where the Bill has been referred and help raise the standards of morality in public life.
The Bill introduced by Shah in Parliament on Wednesday proposes amendments to Articles 75, 164, and 239AA of the Constitution, which deal with the Union Council of Ministers, Council of Ministers in the states, and ministers in union territories, respectively.
The Statement of Objects and Reasons of the Bill says cites a need for a legal framework for the removal of a Minister arrested on serious criminal charges. Ministers facing such allegations “may thwart or hinder the canons of constitutional morality and principles of good governance”, which could “diminish the constitutional trust reposed by people”, it says.
The Bill also provides for the reinstatement of ministers following his or her release from custody. Crucially, the proposed law also brings the Prime Minister and Chief Ministers under its ambit.
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