Union Home Minister Amit Shah introduced a bill in the Lok Sabha on Wednesday. The proposed legislation seeks the removal of the Prime Minister, Chief Ministers, and Ministers facing serious criminal charges.
The bill states that if a Prime Minister, Chief Minister, or Minister is arrested and remains in custody for 30 days, they must resign or face dismissal on the 31st day.
Following its introduction, the bill triggered a storm in Parliament. Opposition parties including Congress and Samajwadi Party strongly opposed it. Amid uproar, the Lok Sabha was adjourned. Amit Shah assured the House that the bill will be referred to a Joint Parliamentary Committee (JPC) for detailed review.
Congress, Samajwadi Party, and other opposition parties protested loudly against the proposal. Congress MP Manish Tiwari described the bill as “completely destructive.”
He argued that the Constitution guarantees the rule of law and the presumption of innocence. According to him, the bill violates this principle by treating accused leaders as guilty before conviction. He added that the bill effectively gives executive agencies authority over the Prime Minister, undermining democratic governance.
AIMIM leader Asaduddin Owaisi also opposed the move. He rejected not only this bill but also two other legislations introduced alongside it.
Owaisi stated that the Jammu and Kashmir Reorganisation (Amendment) Bill 2025, the Union Territory Government (Amendment) Bill 2025, and the Constitution (One Hundred and Thirtieth Amendment) Bill 2025 are unconstitutional.
According to him, the government is weakening the right of citizens to elect their leaders. He accused the Centre of giving executive agencies unchecked power to act as “judge and executioner” based on suspicion or trivial allegations. He warned that this legislation could turn India into a police state.
The Aam Aadmi Party, despite not being a member of the INDIA alliance, also opposed the legislation. Party leader Anurag Dhanda criticized the government for misusing agencies against opposition leaders.
He alleged that the bill is an attempt to impose authoritarianism. Dhanda cited the example of former Delhi Minister Satyendar Jain. He said Jain was imprisoned for over a year on fabricated charges, and later the government admitted lacking evidence against him.
Dhanda argued that under the new bill, even someone proven innocent could be forced to resign. He added that the ruling party might use such provisions to destabilize entire state governments by targeting individual ministers.
Amit Shah defended the government’s decision to present the bill. He explained that the intention is to ensure accountability among top leaders.
The Home Minister stressed that elected officials facing serious charges cannot continue in positions of authority. However, he emphasized that the bill will undergo detailed examination in the Joint Parliamentary Committee before any final decision.
Along with this controversial legislation, Amit Shah introduced two additional bills. These include the Constitution (One Hundred and Thirtieth Amendment) Bill 2025 and the Union Territory Government (Amendment) Bill 2025, along with amendments to the Jammu and Kashmir Reorganisation Act. All three bills include strict provisions.
Soon after Amit Shah presented the bill, opposition benches erupted in protest. Members of Congress and Samajwadi Party stormed into the well of the House, shouting slogans.
Speaker Om Birla attempted to restore order, but the uproar continued. Eventually, the proceedings of the House were adjourned for the day.
The confrontation underscored the widening rift between the government and opposition ahead of the winter session.
The proposed law contains several notable clauses. According to the draft, if a Prime Minister, Chief Minister, or Minister faces arrest and remains in jail for 30 consecutive days, they must resign on the 31st day. If they refuse to resign, the President or Governor will be empowered to dismiss them.
The bill applies to both central and state governments. It also covers ministers at all levels, ensuring that leaders accused of serious crimes cannot hold office while in custody.
The legislation, if passed, would mark a major shift in India’s political accountability framework.
Opposition leaders argue that the bill undermines the basic principles of justice. The Indian Constitution states that an individual is innocent until proven guilty. Critics claim the bill reverses this norm by penalizing leaders before a judicial verdict.
Manish Tiwari warned that the law would allow investigative agencies to wield unchecked power. He said it creates a dangerous precedent where political rivals could be jailed on flimsy charges to force them out of office.
Owaisi added that such laws undermine the people’s mandate. According to him, elected representatives should only be removed through judicial conviction or legislative processes, not executive action.
Analysts believe the bill could have far-reaching political consequences. Several Chief Ministers and opposition leaders across states are currently facing criminal investigations.
If the law is enacted, many prominent politicians could be forced to resign even before their cases conclude. This would alter the balance of power in several state governments and potentially in Parliament as well.
The move also comes at a time when the opposition is accusing the Centre of weaponizing central agencies like the Enforcement Directorate and CBI for political gains.
Supporters of the bill argue that elected leaders should be held to the highest standards. They contend that public representatives facing serious criminal charges should not remain in power while under investigation.
Proponents claim the bill will strengthen democracy by ensuring clean governance. They emphasize that the JPC process will allow for detailed scrutiny and amendments to address concerns about misuse.
This is not the first time such proposals have been discussed. Over the years, debates around political accountability and criminalization of politics have dominated Indian discourse.
Several reports, including those by the Law Commission, have highlighted the rising number of lawmakers facing criminal charges. Calls for reforms have often stressed the need for stricter laws to keep tainted politicians out of governance.
However, past governments hesitated to introduce sweeping measures fearing political backlash. This new bill revives the debate with unprecedented force.
Civil society groups and constitutional experts are closely watching developments. Some welcome the move as a step toward cleaner politics. Others caution that hasty legislation without safeguards could weaken democratic institutions.
Legal experts point out that judicial oversight will be crucial to prevent arbitrary use of the law. Many suggest that provisions should include strong checks against political misuse.
The bill will now be examined by the Joint Parliamentary Committee. The JPC is expected to invite legal experts, political scientists, and stakeholders for consultations.
Given the intensity of opposition, the government may need to introduce amendments before seeking final passage. The debate around the bill is likely to dominate political discourse in the coming months.
If enacted, the law could redefine the relationship between accountability, governance, and democratic rights in India. It could either be seen as a bold reform or criticized as an overreach of executive power.
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