Power ends at prison gate
New Delhi, Aug 20: Union Home Minister Amit Shah on Wednesday introduced three bills in the Lok Sabha to ensure that elected representatives facing serious criminal charges step down from office if arrested or detained for 30 days.
The proposed law would apply to the prime minister, union ministers, chief ministers, ministers of states, and ministers of union territories.
Shah introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
The move sparked chaos in the house, with opposition MPs storming the well, tearing copies of the bills, and shouting slogans.
Despite protests, the bills were introduced and passed by a voice vote before the house was adjourned twice.
As soon as the bills were tabled, opposition MPs stormed into the well of the house, raised slogans, and tore copies of the draft legislation.
AIMIM’s Asaduddin Owaisi and Congress’ Manish Tewari and K C Venugopal spoke against the bills, calling them “unconstitutional” and “against the spirit of federalism”.
Defending the proposals, Amit Shah said the bills were not being pushed in haste and would be referred to a Joint Committee of Parliament, giving members from both houses, including the opposition, an opportunity to suggest changes.
Rejecting personal criticism, he recalled resigning as Gujarat’s Home Minister before his arrest in the Sohrabuddin Shaikh case and returning to office only after being discharged by the court.
“We cannot be so shameless that we continue to occupy constitutional positions while facing serious charges,” Shah said.
The uproar escalated when Venugopal raised Shah’s past case, sparking heated exchanges between treasury and opposition benches.
Trinamool Congress MPs trooped near Shah’s seat, and at one point, BJP and TMC members came close to a scuffle.
Speaker Om Birla adjourned the house until 3 pm amid the din.
When the house reconvened, marshals were stationed near the well as protests continued.
Despite the noisy scenes, Shah was allowed to introduce the bills, which were passed through a voice vote.
The house was then adjourned again until 5 pm.
WHAT THE 3 BILLS SEEK TO DO
The bills mandate that the prime minister, chief ministers, union and state ministers, as well as ministers of union territories must vacate office if arrested on corruption or other serious criminal charges and detained for at least 30 days.
The legislation aims to prevent individuals from holding high constitutional office while under prolonged custody.
Amendments include provisions applicable to union territories including Jammu and Kashmir under its reorganisation framework.
Shah clarified that the bills would be referred to a Joint Committee of Parliament, giving members of both houses, including the opposition, a chance to suggest changes.
The committee has been asked to present its report on the first day of the next parliamentary session.
If enacted, the bills would create a landmark accountability law in Indian politics, compelling leaders to step down until cleared by the courts.
BILLS VIOLATE CONSTITUTIONAL PRINCIPLES, FEDERALISM: OPPOSITION
Meanwhile, opposition MPs argued that the bills violate constitutional principles and federalism, overturn the principle of innocent until proven guilty, are open to political misuse, and threaten to turn the country into a police state.
RSP’s N K Premachandran also opposed the bills.
Manish Tewari called the bills “squarely destructive” of the constitution and claimed they made an investigating officer “the boss of the Prime Minister of India,” undermined the will of the people, and opened doors to arbitrary misuse.
Owaisi likened the move to Nazi Germany’s Gestapo.
K C Venugopal said the bills aimed at sabotaging India’s federal structure.
Meanwhile, top political leaders of the country reacted to it sharply.
Rahul Gandhi compared it to medieval times where rulers could get rivals jailed to remove them, saying democracy would be undermined.
Mallikarjun Kharge said bills were introduced “in subterfuge” at the fag end of session, leaving no scope for debate, and accused government of misusing ED, CBI, and IT.
Mamata Banerjee called it “more than a super-Emergency” that would end the democratic era and finish judicial independence.
M K Stalin said “this is how dictatorships begin,” and accused BJP of trying to intimidate regional parties, and called on democratic forces to unite.
CPI (M)’s M A Baby called the bills a “neo-fascist” assault on democracy and federalism.
BJP DEFENDS
BJP ministers Kiren Rijiju and Ravneet Singh Bittu stepped out of their seats to stop opposition MPs from reaching Amit Shah’s bench.
BJP references linked the move to Arvind Kejriwal continuing as CM from jail, and to ministers like V Senthil Balaji in Tamil Nadu.
Dharmendra Pradhan said that those opposing the bills want anarchy and believe they were above the law.
Anurag Thakur said opposition protests show they “stand by corruption and the corrupt.”
Bills set to Joint Committee of Parliament
The bills sent to a Joint Committee of Parliament comprising 21 Lok Sabha members and 10 Rajya Sabha members, asked to submit its report by the last day of the first week of the next session (expected third week of November).
CONSTITUTIONAL AMENDMENT BILL REQUIRES 2/3RD MAJORITY IN BOTH HOUSES
The Constitutional Amendment Bill will require a two-thirds majority in both Houses, which the ruling alliance lacks on its own.
