21th August 2025 (21 Topics)
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Disqualifying Ministers on Pending Cases
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Context:
Three new Bills propose to remove ministers facing criminal charges, raising concerns about misuse, political vendetta, and democratic implications.
Legal and Political Dimensions
- State’s Discretion in Criminalisation: The state decides which acts are criminal, but its discretion risks being misused for political or partisan purposes.
- Vulnerability of Politicians: Since 2015, as many as 193 cases against politicians have been registered by the Enforcement Directorate (ED), but only two convictions have occurred.
- Judicial Concerns: The Supreme Court and High Courts have repeatedly expressed concerns over the low conviction rates and potential misuse of investigative powers.
Administrative and Democratic Concerns
- Risk of Political Corruption: Bills enabling disqualification on the basis of mere charges or custodial detention may incentivize false cases against opponents.
- Electoral Consequences: Such measures can curtail fair competition in elections by sidelining opposition leaders before due process of law is completed.
- Threat to Federal Balance: Frequent interventions through central agencies like ED and CBI may undermine State governments’ functioning and autonomy.
Way Forward and Safeguards
- Due Process Must Prevail:Any disqualification of elected representatives must follow judicial conviction, not mere allegation or charge-sheet.
- Political Accountability Mechanisms:Parliament and political parties must strengthen internal accountability and ethical standards rather than bypassing judicial safeguards.
- Comprehensive Reform Needed:Comprehensive reforms in criminal justice delivery, speedy trials, and electoral laws are essential instead of shortcut disqualification provisions.
Practice Question:
“Disqualifying ministers facing criminal charges through legislative shortcuts risks undermining democratic fairness and due process. Critically examine the challenges posed by such measures and suggest alternative reforms for ensuring political accountability.” (250 words)
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