Paper: GS – II, Subject: Polity, Topic: Legal issues, Issue: Implications of the recent Constitution (130th Amendment) bill.
Context:
Recently, Bills tabled in Lok Sabha propose automatic removal of ministers (including PM and CMs) if arrested and kept in custody for 30 consecutive days for an offence punishable with 5+ years imprisonment. It raises concerns about federalism, constitutional morality, and separation of powers.
Key Highlights:
Key Provisions of the Bills:
- Any minister in custody for 30 days (without conviction) must resign/lose office.
- Applies to all ministers, chief ministers, and even the Prime Minister.
- It aims to curb corruption and criminalization of politics.
Concerns with the Bills:
Historical & Judicial Context:
- Past practice: Ministers resigned when arrested on moral grounds, e.g., Lalu Prasad (1990s), Arvind Kejriwal (2023).
- Supreme Court Judgments:
- Lily Thomas (2013): disqualification only after conviction with 2+ years sentence.
- I.R. Coelho and other cases: safeguard of constitutional principles.
Larger Issues:
- Criminalization of Politics:
- ADR data: 43% MPs (2019 Lok Sabha) had declared criminal cases.
- 193 cases of politicians arrested in last 10 years.
- Moral vs Legal Debate: While moral duty demands resignation, automatic removal without trial is problematic.
| Arguments in favour of the bill | Arguments against the bill |
| Helps curb corruption and black money.Restores public faith in politics.Sends a strong signal against criminal elements in governance. | Arbitrary and premature punishment without conviction.May be weaponized against opposition leaders.Contradicts due process of law and natural justice.Could weaken federal structure and democratic safeguards. |
Way Forward:
- Strengthen existing disqualification laws (RPA, 1951) after conviction.
- Ensure speedy trials in criminal cases involving politicians.
- Strengthen institutional independence of CBI, ED, IT Dept.
- Adopt transparent code of conduct for ministers.
- Encourage self-regulation & political consensus on ethical standards.
Conclusion:
There is a need to adhere to Constitutional Morality as enunciated by B.R. Ambedkar emphasizing on safeguarding democracy from arbitrary laws.
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