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130th Constitutional Amendment Bill
Context:
The 130th Constitutional Amendment Bill has been introduced to mandate removal of Ministers, including the Prime Minister or Chief Ministers, if arrested and detained for 30 consecutive days in connection with a serious criminal offence.
Provisions of the Bill
- Amends Articles 75 and 164 (Union & State Council of Ministers) and Article 239AA (NCT of Delhi).
- A Minister arrested and detained for 30 consecutive days for an offence punishable with imprisonment of 5 years or more shall be removed from office.
- Removal may occur either on advice of PM/CM or automatically on the 31st day.
- If PM/CM is arrested similarly, they must resign on the 31st day.
- Such a person may be reappointed after release.
- Parallel amendments proposed for Jammu & Kashmir and Puducherry Union Territory legislations.
Existing Legal Framework
- Representation of the People Act, 1951 (RP Act):
- Section 8: Disqualification upon conviction for imprisonment ?2 years.
- Disqualification period: duration of sentence + 6 years.
- Section 8(4) exempted sitting MPs/MLAs if appeal pending, but struck down in Lily Thomas vs Union of India (2013).
- Presently, disqualification applies to legislators, not specifically to Ministers.
Concerns with the Bill
- Premature disqualification: Removal based on detention, not conviction, undermines the principle of innocent until proven guilty.
- Executive autonomy at risk: Limits the PM/CM’s discretion in cabinet formation, weakening parliamentary democracy.
- Risk of misuse: Police action could be manipulated for political vendetta against Ministers in opposition-ruled States.
Broader Issue – Criminalisation of Politics
- Reports by Association for Democratic Reforms (ADR):
- 46% of MPs and 45% of MLAs face criminal cases.
- Electoral success of candidates with criminal records is significantly higher than clean candidates (15.4% vs 4.4%).
- Real solution: Political parties must avoid fielding tainted candidates, ensuring internal reforms and electoral discipline.
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