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.