A Bill To Remove Elected Representatives,(MP,CM, MINISTERS )

 

A Bill To Remove Elected Representatives,(MP,CM, MINISTERS 

On August 20, 2025, the Indian government introduced three bills in the Lok Sabha aimed at establishing a legal framework for the removal of elected representatives, including the Prime Minister, Union Ministers, Chief Ministers, and Ministers of States and Union Territories, if they are arrested and detained for 30 consecutive days on serious criminal charges. These bills are 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.

There should be an open debate among the people. The law should be designed to prevent corruption but preserve the freedom of democracy and the autonomy of the people.

These bills are dangerous for democracy because:-

1. Attack on democracy – This bill is a major attack on democratic freedom. The Centre will not register an FIR against the Chief Minister, Minister or Opposition leader elected during elections.

2. Attempt to silence the opposition – The Centre wants to bring this law so that the demands of the opposition parties can be met. 30 persons have been jailed due to misuse of agencies (CBI, ED etc) under the control of the Centre.

3. The decision is up to the courts, not the politicians – whether there is a criminal charge against the bank or not, it is up to the court to decide. Being sent to jail does not automatically mean that the bank is guilty. But the condition of losing office without being found guilty is against democratic principles.

4. Centre-state conflict will increase – This law will give the Centre the power to dismiss elected officials of the states. Especially if the opposition parties are not in power.

5. There are already enough laws – there are laws to remove the leaders and ministers on grounds of incompetence, corruption or corruption. This bill will only serve as a tool for political parties.

6. Socio-political impact of the bill – It will make it difficult to impeach any opposition leader and put him in jail for 30 years. This is a betrayal of the electoral rights of the people.

There are vital legal angle to these bills maintainability 

Main Legal Basis

1. Article 164(1) & Article 164(2) – The Chief Minister and the Ministers are solely responsible for the conduct of the State. Their eligibility or disqualification is vested in the Governor and the Legislative Assembly, not in the discretion of the Centre.

2. Article 75(2) – The Union Ministers can also be removed by the President only on the recommendation of the Chief Minister. But this bill breaks the constitutional precedent by making it a condition of vacating office even before the charge is proved in the court.

3. Article 19(1)(a) & (c) – In a democracy, there is a right to freedom of expression and assembly. If an elected leader is falsely accused or imprisoned, then the right to freedom of expression of the people is violated.

4. Article 21 – Right to Life and Liberty guarantees “due process of law”. Only 30 days of imprisonment is sufficient to remove a person from office without a trial.

5. Indian Penal Code (BNS, 2023) – Section 187–190:

o These sections regulate the punishment and imprisonment for serious offences.

Conviction ≠ Conviction. Conviction is the result of investigation, not of guilt.

o Section 452 BNS (corresponding to IPC 409/420 type offences) – Bribery, cheating

Punishment for life is the first offence.

6. Representation of the People Act, 1951 – Section 8:

o Under this Act, if a person is convicted and sentenced to imprisonment for more than 2 years, then he is disqualified.

o However, there is no provision for disqualification on the basis of arrest or detention. This bill is contrary to the existing laws.

7.Constitutional Principle – Presumption of Innocence:

o Every person is presumed innocent until proven guilty by a court of law. This bill violates this principle.

Impact of Proposed Bill

1. If the condition of removing CM/Ministers on the basis of only 30 bodies is met →

o The decision will not be made by the people/lawmakers.

o The decision will be made by the agencies under the control of the Centre (CBI/ED/Police).

2. Thus the role of the Legislature (House) will be reduced → The Executive (Central Government) will gain power.

3. Parliamentary Supremacy will be replaced by Presidential-like Supremacy – where a central person (Home Minister/PM) will decide how long the government will be in power.

Right To Information Act ( A Right That Every Citizen Should Know)

The Right to Information (RTI) Act, 2005, is a landmark legislation in India that empowers citizens to access information held by public authorities, fostering transparency, accountability, and participatory governance. Enacted on October 12, 2005, it is a critical tool for strengthening democratic governance by ensuring that the government remains answerable to the people.

Key Features of the RTI Act, 2005

1.  Scope: The Act applies to all public authorities at the central, state, and local levels, including government departments, public sector undertakings, and bodies substantially funded by the government.

2.  Right to Access Information: Citizens can request information in the form of records, documents, emails, samples, or any material held by public authorities.

3.  Process:

•  Any citizen can file an RTI application without needing to specify a reason.

•  Public Information Officers (PIOs) are designated to handle requests and must respond within 30 days (48 hours for matters involving life or liberty).

•  Appeals can be made to appellate authorities or Information Commissions if responses are unsatisfactory.

4.  Exemptions: Certain information, such as that affecting national security, personal privacy, or ongoing investigations, is exempt under Section 8. However, exemptions are subject to a public interest override.

5.  Penalties: PIOs can face penalties for delaying, denying, or providing incorrect information without reasonable cause.

Role in Democratic Governance

The RTI Act plays a pivotal role in strengthening democracy by:

1.  Promoting Transparency:

•  It enables citizens to access information about government policies, decisions, and expenditures, reducing secrecy and fostering openness.

•  Example: Citizens have used RTI to expose discrepancies in public spending, such as in infrastructure projects or welfare schemes.

2.  Enhancing Accountability:

•  Public officials are held accountable as citizens can scrutinize their actions, decisions, and use of public resources.

•  Example: RTI queries have revealed corruption in schemes like the Public Distribution System (PDS) or irregularities in recruitment processes.

3.  Empowering Citizens:

•  The Act gives ordinary citizens the power to question authorities, enabling grassroots participation in governance.

•  Example: RTI has been used by individuals and activists to address local issues like poor road conditions, water supply, or school facilities.

4.  Strengthening Rule of Law:

•  By ensuring access to information, the Act reinforces the principle that public authorities are subject to legal and public scrutiny, curbing arbitrary decision-making.

5.  Facilitating Anti-Corruption Efforts:

•  RTI exposes mismanagement and corruption, acting as a deterrent to malpractices.

•  Example: Activists like Anna Hazare leveraged RTI to fuel the anti-corruption movement in India, highlighting systemic issues.

6.  Encouraging Participatory Democracy:

•  It bridges the gap between the government and citizens, enabling informed public discourse and policy feedback.

•  Example: RTI data has been used by civil society to advocate for policy changes in areas like education and healthcare.

Impact and Achievements

•  Social Audits: RTI has facilitated social audits of government programs, such as MGNREGA, ensuring proper implementation.

•  Empowering Marginalized Groups: It has enabled marginalized communities to access information about their entitlements, like rations or pensions.

•  Judicial Support: The judiciary has upheld the RTI Act, with landmark judgments reinforcing its scope and protecting applicants from harassment.

Challenges

•  Implementation Gaps: Delays in responses, lack of awareness, and bureaucratic resistance hinder effective use.

•  Safety of RTI Activists: Over 100 RTI activists have been killed or harassed since 2005, highlighting the need for better protection.

•  Exemptions Misuse: Authorities sometimes misuse exemptions to deny legitimate requests.

•  Backlog in Information Commissions: Appeals often face delays due to understaffed commissions.

Conclusion

The RTI Act, 2005, is a cornerstone of democratic governance in India, empowering citizens to hold the government accountable and participate actively in the democratic process. While it has transformed access to information and exposed systemic issues, addressing implementation challenges and ensuring the safety of applicants are critical to maximizing its potential. By fostering transparency and accountability, the RTI Act continues to strengthen the democratic fabric of India.

Data Privacy Law in India

 Data privacy law in India, focusing on the Digital Personal Data Protection Act, 2023 (DPDP Act), its background, key provisions, challenges, and practical implications. writing this blog for a general audience with an informative tone, it incorporates recent developments, including the draft DPDP Rules released in January 2025.

India’s Data Privacy Revolution: Understanding the DPDP Act, 2023

In 2025, India stands at the forefront of the global data privacy movement with the Digital Personal Data Protection Act, 2023 (DPDP Act), its first comprehensive data privacy law. With over 760 million active internet users, India is the world’s second-largest internet market, making robust data protection critical. The landmark 2017 Supreme Court ruling in Justice K.S. Puttaswamy v. Union of India declared privacy a fundamental right under Article 21 of the Constitution, paving the way for the DPDP Act. Enacted on August 11, 2023, and awaiting full implementation, this law balances individual rights with the needs of businesses and government. This blog explores the DPDP Act’s origins, key provisions, challenges, and practical steps for compliance, offering insights for individuals and organizations in India’s digital era.

The Evolution of Data Privacy in India

Until 2023, India lacked a standalone data privacy law. The Information Technology Act, 2000 (IT Act) and its 2011 Sensitive Personal Data or Information (SPDI) Rules provided limited protections, focusing on basic security practices for digital data. The Puttaswamy judgment in 2017, recognizing privacy as a fundamental right, spurred action. Earlier attempts at comprehensive legislation, like the 2018 and 2019 Personal Data Protection Bills, faced criticism for being overly regulatory or granting excessive government exemptions. After multiple drafts and public consultations, the DPDP Bill, 2022 evolved into the DPDP Act, passed by Parliament in August 2023.

On January 3, 2025, the Ministry of Electronics and Information Technology (MeitY) released the draft Digital Personal Data Protection Rules, 2025, open for public feedback until February 18, 2025. These rules aim to operationalize the DPDP Act, with provisions like the establishment of the Data Protection Board of India (DPB) taking effect immediately upon final publication, while others, like consent and breach notification rules, will follow later. This phased approach reflects India’s commitment to balancing innovation with privacy in its rapidly digitizing economy, the fifth largest globally.

Key Provisions of the DPDP Act

The DPDP Act applies to digital personal data—any information identifying an individual, such as names, addresses, or online identifiers—processed within India or by foreign entities offering goods or services to Indian residents. It excludes non-digital data, publicly available data, and data processed for personal use. Key provisions include:

•  Consent and Transparency: Data fiduciaries (entities controlling data use) must obtain explicit, informed consent, accompanied by a clear privacy notice in English or one of India’s 22 constitutional languages. Consent can be withdrawn, and notices must detail data use and grievance redressal options.

•  Data Principal Rights: Individuals (data principals) can access, correct, erase, or restrict their data. For children (under 18) or persons with disabilities, verifiable parental or guardian consent is required.

•  Data Minimization and Purpose Limitation: Data collection must be limited to what’s necessary for a specified purpose, with erasure required once that purpose is fulfilled.

•  Security and Breach Notification: Data fiduciaries must implement safeguards to prevent breaches and notify the DPB and affected individuals within 72 hours of a breach.

•  Significant Data Fiduciaries: Entities handling large volumes of data face stricter compliance, such as mandatory audits and data protection impact assessments.

•  Penalties: Non-compliance can lead to fines up to ₹250 crore (~$30 million USD) for breaches or failure to secure data.

•  Data Protection Board (DPB): The DPB, appointed by the government, oversees compliance, investigates breaches, and imposes penalties, but lacks the regulatory powers of earlier proposed bodies like the Data Protection Authority (DPA).

Notably, the Act grants exemptions for government agencies for purposes like national security or public order, raising concerns about surveillance. It also allows the government to block access to services of non-compliant data fiduciaries after repeated violations.

Challenges and Criticisms

The DPDP Act is a significant step, but it faces challenges. Government exemptions are a major concern, as the Act allows state agencies to process data without consent for benefits, licenses, or security purposes, potentially enabling unchecked surveillance. Human Rights Watch has argued this conflicts with the Puttaswamy ruling’s call for proportionate privacy restrictions. The DPB’s government-appointed structure raises questions about its independence, unlike the more autonomous regulators in the EU’s GDPR.

Cross-border data transfers remain complex. While earlier drafts restricted transfers to specific countries, the DPDP Act allows the government to set rules, but the draft Rules lack clarity on implementation. This affects global businesses, especially with India’s 750 million internet users. Additionally, the Act’s focus on digital data excludes offline data, potentially leaving gaps in protection.

Practical Steps for Compliance

For businesses, compliance with the DPDP Act is critical to avoid hefty fines and build trust:

1.  Conduct Data Audits: Map data flows to identify what personal data is collected, processed, and stored. Tools like Secure Privacy or CookieYes can assist.

2.  Update Privacy Notices: Ensure notices are clear, multilingual, and include consent withdrawal options.

3.  Implement Security Measures: Use encryption and regular audits to prevent breaches. Notify the DPB and users within 72 hours of any breach.

4.  Obtain Verifiable Consent for Children: Verify parental consent for users under 18, avoiding targeted ads or behavioral tracking.

5.  Prepare for Cross-Border Compliance: Monitor forthcoming rules on data transfers to align with global operations.

For individuals, protecting your data starts with awareness:

•  Exercise Your Rights: Request access, corrections, or deletion of your data from platforms or businesses. Use grievance redressal mechanisms or contact the DPB.

•  Review Permissions: Limit app access to unnecessary data, like location or contacts, via privacy settings.

•  Use Privacy Tools: Employ browsers like Brave or extensions like uBlock Origin to block trackers.