Why Opposition Is Protesting New Bills That Could Unseat PMs and CMs After 30 Days in Jail
The government is looking to wrap up a lacklustre Parliament session with high drama by tabling three new bills on Wednesday. But the opposition is calling them “draconian,” warning that they could be weaponised against non-BJP leaders.
At the heart of the controversy is a provision that would automatically remove a prime minister, chief minister, or minister from office if they remain in custody for 30 consecutive days in a case carrying a punishment of five years or more. They could be reappointed only after release.
Why It Matters
Currently, ministers can stay in office even if arrested, unless convicted. Under the proposed Constitution (130th Amendment) Bill, they would be treated like civil servants, who are suspended upon arrest.
Opposition leaders fear misuse, pointing to the Prevention of Money Laundering Act (PMLA), under which bail can be denied for 30 days. If the bills were law last year, Delhi CM Arvind Kejriwal—jailed for six months in the liquor policy case—would have lost his post automatically on the 31st day.
Opposition’s Objections
Congress MP Abhishek Manu Singhvi said the bills offer “the best way to destabilise opposition” through arrests engineered by “biased central agencies.”
The Supreme Court, too, has recently flagged concerns about the Enforcement Directorate, warning it against “crossing all limits” and being misused for “political battles.”
What the Bills Are
- Constitution (130th Amendment) Bill – Automatic removal of PMs, CMs, ministers in custody for 30+ days.
- Government of Union Territories (Amendment) Bill – Extends the same provisions to Union Territories.
- Jammu and Kashmir Reorganisation (Amendment) Bill 2025 – Brings J&K under similar rules.
Why the Government Says It’s Needed
The Centre argues the reform is meant to curb the criminalisation of politics. It comes after flashpoints like the arrests of Kejriwal and Tamil Nadu minister V Senthil Balaji, who both continued in office while in custody.
But with the opposition gearing up for a showdown—possibly even a legal challenge—the bills are set to face fierce resistance.
