Automatic Ouster For Leaders In Custody: What New Constitution Amendment Means For India’s Top Brass

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New Delhi: In a significant push to uphold integrity in high public offices, the Indian government on Wednesday tabled three key bills in the Lok Sabha, including the Constitution (130th Amendment) Bill, aimed at automatically removing the Prime Minister, Chief Ministers, or ministers from their posts if they remain in custody for over 30 consecutive days on serious charges.

Amidst vociferous protests from the opposition, Union Home Minister Amit Shah presented the Constitution (130th Amendment) Bill, the Jammu and Kashmir Reorganisation (Amendment) Bill, and the Union Territories (Amendment) Bill during the ongoing monsoon session. These legislative proposals seek to address long-standing concerns about leaders clinging to power despite facing grave criminal allegations, thereby restoring public faith in governance.

Under the new provisions outlined in the bills, if a Prime Minister, Chief Minister, or any minister is arrested for an offence punishable by a minimum of five years’ imprisonment and is detained continuously for 30 days, they will be deemed removed from office on the 31st day. This change would be effected through amendments to Article 75 (relating to the Prime Minister and central ministers), Article 164 (for state Chief Ministers and ministers), and Article 239AA (concerning Union Territories). The move is designed to prevent individuals embroiled in serious crimes from continuing to lead governments, ensuring that only those with unblemished records hold such positions.

However, the bills do not extend to ordinary Members of Parliament (MPs) or Members of Legislative Assemblies (MLAs). Their membership would remain intact unless they are convicted by a court and sentenced to more than two years in prison. This distinction clarifies that the focus is squarely on executive roles rather than legislative ones, avoiding immediate disqualification for lawmakers based solely on arrest or detention.

The rationale behind these amendments, as highlighted in the proposals, is to foster greater honesty and accountability at the helm of affairs. Often, leaders accused of heinous crimes have managed to retain their posts, eroding public trust in the system. By enforcing swift removal in custody cases, the government aims to deter such scenarios while also providing a pathway for reinstatement if the individual is later acquitted or proven innocent.

This development comes at a time when debates on political ethics are intensifying, with critics arguing that it could prevent misuse of power and supporters viewing it as a step towards cleaner politics. As the bills progress through parliamentary scrutiny, they are likely to spark further discussions on balancing justice with the presumption of innocence.

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