The Constitution Amendment Bill introduced by Union Home Minister Amit Shah in Lok Sabha on Wednesday that proposes to remove ministers at the Centre and in states from their posts if they are jailed for 30 days on charges of corruption or serious offences has evoked strong reactions from the Opposition, particularly the Congress.
Abhishek Manu Singhvi, senior Supreme Court lawyer and Congress' Rajya Sabha MP says that the proposed law is intended as the "worst form of destabilisation" of elected governments and "only of the Opposition".
"You simply need to arrest an individual or collectivity of ministers or indeed the CM, with no determination of guilt, no framing of charges, not even the filing of a chargesheet, and disastrous consequences for an Opposition government can be created – patently contrary to the will of those who elected them," Singhvi said, speaking to The Indian Express.
Singhvi argues that the proposed law is at odds with the Representation of People Act which puts conviction as the standard criterion for disqualification. "In the proposed enactment, the mere act of a police officer either acting wrongly or acting in a biased manner (frequently under instructions from his political masters) generates very serious consequences for elected representatives," he said.
Singhvi further said that while the amendments seem balanced and non-discriminatory, they are "biased" even in their concept and design. "It is inconceivable that the police force or the feared CBI, Enforcement Directorate and other similar agencies will act in any such manner when it comes to a ruling party minister or PM…"
Singhvi further said that the proposed amendments are intended as a tool to "encourage and engineer" defections. "Even without such ridiculous provisions as now proposed, we have seen how governments have been made and unmade by the BJP in several states, and this adds a dangerously potent, additional tool in their hands," he claims.
Singhvi was also dismissive of the provision of reinstatement of a jailed minister following his/her release since the "destabilization, chaos and confusion to change the government would already have been achieved".
"The period of 30 days is not only ridiculously low but involves not even the vestige of any adjudicatory process. It is the mere arrest of any minister by anyone. The person may come out on the 45th or the 60th or the 90th day, the arrest may be found to be completely illegal and wrong," he added.
What changes has the Centre proposed?
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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