05/09/2025
'Custody is not Conviction'
The Central Government has introduced the 130th Constitution (Amendment) Bill, 2025, which proposes AUTOMATIC REMOVAL OF MINISTERS if they remain in custody for 30 days. On the face of it, this may sound like a step towards cleansing politics. But in reality, this Bill is a dangerous shortcut, a blunt instrument that risks damaging both our Democracy and our Hon'ble Constitution.
Firstly this Bill sets aside the foundation of Criminal Jurisprudence which is 'Presumption of Guilt'. Custody is not equivalent to Guilt. A person may be kept in jail for 30 days because of adjournments, delays or even political vendetta. It also gives Ruling Parties a New Weapon to destroy the Opposition Parties. We already know how investigative agencies are misused. With this Bill, a Minister can be nullified simply by ensuring prolonged custody.
Secondly, this Bill ruins the Governance through which A Prime Minister or A Chief Minister forced out of office not by the People, not by Parliament, not by Conviction in a Court of Law but by a 'Custody Order'.
The Representation of the People Act, 1951 already provides for Disqualification upon Conviction. The Law Commission Reports and the Supreme Court have repeatedly suggested a more balanced approach like Disqualification at the stage of Framing of Charges for Serious Offences which ensures judicial scrutiny, not mere police action. The Act of 1951 clearly says that an important legal step like restricting someone’s rights can only happen after a court has reviewed and approved it, rather than being initiated just because the police decided so. Now when we are already having statutory sanctions and Apex Court Rulings etc. to confront the Issue this Bill seems to be arbitrary and forced.
Thirdly, this Bill Insults the Voters. Ministers are not just Appointees but they are Elected Representatives. Removing them from their Office on the basis of Custody alone is equivalent to discard the people’s verdict without due process.
As per my belief, if the Government truly wishes to fight Criminalisation of Politics, It needs to reform the System first. Fast-Track trials of Legislators, Put bar upon Candidates at the stage of Charge-Framing in Serious or Heinous Offences, Bring and Enforce Transparency within and among Political Parties.
The 130th Amendment Bill, therefore, is not a cure for Criminalisation of Politics. It is a recipe for Political Vendetta, Constitutional Distortion, Democratic Instability, Destruction of Opposition or a Shadow Government (as named in Britain) and A Great Step Towards DICTATORSHIP.
I Strongly Oppose and Stand Against this Bill. I must say, Fight Crime, Not Democracy, Scrap the 130th Amendment Act and Don’t Jail the Constitution of India.
Information referenced from: https://www.drishtiias.com/daily-updates/daily-news-analysis/removal-of-ministers-under-serious-charges
