Why the Opposition Warns Bills on PM, CM Removal Could Be 'Squarely Destructive'

In a move that aligns with its legislative agenda but has sparked intense debate, the BJP-led NDA government has referred three controversial bills to a Joint Parliamentary Committee (JPC). These bills propose laws that would allow for the removal of the Prime Minister, Chief Ministers, and ministers in states and Union Territories if they are arrested for more than 30 days on charges carrying a minimum jail term of five years.

Critics argue that these bills act on mere allegations, rather than proven guilt, raising concerns about their constitutional validity. Opposition parties have been vocal in describing the proposed amendments as potentially "squarely destructive" to the democratic framework.

The bills in question are:

• The Constitution (One Hundred and Thirtieth Amendment) Bill

• The Government of Union Territories (Amendment) Bill, 2025

• The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025

Union Home Minister Amit Shah, while presenting these bills as anti-corruption measures, faced a storm of protest in the Lok Sabha. Following the uproar, he moved a resolution to refer the bills to a JPC consisting of 21 members from the Lok Sabha and 10 from the Rajya Sabha, representing both government and opposition parties. The resolution was ultimately passed via voice vote.

The Role of the Committee and Timeline

The JPC’s recommendations are advisory and do not bind the government, yet they are a critical stage in the legislative process. The committee has been tasked with submitting its report by the last day of the first week of the next parliamentary session, effectively pushing any final decision to around three months later. The next session is expected to commence in the third week of November.

The committee holds wide-ranging powers to invite experts, associations, or any stakeholders it considers relevant to present their views. The NDA government has previously used such committees for complex and politically sensitive matters—for instance, the 'One Nation, One Election' proposal to synchronize Lok Sabha and assembly polls is currently under consideration by a JPC.

Opposition Concerns and Legal Implications

Opposition MPs immediately voiced their apprehensions as soon as the bills were tabled. AIMIM leader Asaduddin Owaisi argued that the Constitution was being amended with the intent to "destabilise governments." Congress MP Manish Tewari echoed this sentiment, emphasizing the principle of "innocent until proven guilty."

Tewari further highlighted that these bills "distort Parliamentary democracy" and open avenues for political misuse, undermining established constitutional safeguards. Such arguments gain context from recent cases where incumbent CMs, including Arvind Kejriwal in Delhi and Hemant Soren in Jharkhand, spent several weeks in jail facing corruption allegations, claiming that investigations by central agencies like the CBI and ED were politically motivated.

Analytical Perspective: A Precedent-Setting Moment?

While framed as an anti-corruption initiative, the bills touch upon a sensitive intersection of law, politics, and democratic norms. If enacted, they could fundamentally alter the accountability framework for elected executives, creating a situation where political allegations—rather than convictions—could determine leadership continuity.

Experts suggest that the legislation could also have a chilling effect on political opposition, as parties in power at the Centre may gain a tool to destabilize state governments headed by rivals. At the same time, proponents argue that swift action against leaders facing serious charges could reinforce integrity in governance.

The JPC, therefore, becomes a crucial arena where legal, political, and democratic principles will collide. Its recommendations, while advisory, will shape both the public discourse and parliamentary strategy around these contentious bills.

As the political landscape braces for a detailed debate, the question remains: will these bills act as genuine anti-corruption instruments, or are they a tactical lever in the complex game of Indian politics? The months ahead, leading up to the next parliamentary session, will likely provide clues to the answer.

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