Union Home Minister Amit Shah on Wednesday introduced three bills in the Lok Sabha that propose the automatic removal of the prime minister, chief ministers and ministers who are “arrested and detained in custody on account of serious criminal charges”.
The three bills are the Constitution 130th Amendment Bill, the Jammu and Kashmir Reorganization Amendment Bill and the Government of Union Territories Amendment Bill. As the first of these is a constitutional amendment, it will need to be passed by a two-thirds majority in both the Lok Sabha and the Rajya Sabha.
The bills allow for the removal of the prime minister, and chief ministers and ministers of Union Territories or states arrested for 30 consecutive days on the charges of committing an offence punishable with imprisonment for five years or more, The Hindu reported.
The removal would come into effect from the 31st day of their arrest and detention, as per the bills. The arrested minister could be reinstated once they are released from custody.
Stormy scenes in Parliament
The Lok Sabha saw stormy scenes, with MPs from the Bharatiya Janata Party and Trinamool Congress even coming close to a scuffle in the well of the Lower House, when the bills were introduced by Shah on Wednesday, The Indian Express reported.
Opposition MPs shouted slogans as soon as Shah rose to introduce the bills, with Trinamool Congress MPs storming the well. Legislators also stood up to speak against the draft legislations.
At one point, a war of words erupted between Congress MP KC Venugopal and Shah. Subsequently, Venugopal tore the bill and threw it in the well, which was followed by other Opposition MPs tearing it as well.
Amid the din, Trinamool Congress Kalyan Banerjee came close to Shah’s microphone while he was speaking on the bill and started shouting slogans, The Indian Express reported. In response, Parliamentary Affairs Minister Kiren Rijiju went to Shah’s seat and asked Banerjee to step back.
Subsequently, the entire treasury bench moved towards the Trinamool Congress MPs, prompting Shah to intervene and urge the legislators to calm down
The speaker then adjourned the Lower House till 3 pm. When it reconvened, 15 marshals were kept on standby near the well, the newspaper reported. The Opposition MPs again began to protest and shouted slogans.
Joint parliamentary panel to examine bills
The three bills were eventually sent to a joint parliamentary committee for scrutiny. The committee has MPs from both the ruling and opposition parties.
On Tuesday, Shah had indicated to the Lok Sabha Secretariat that the bills would be passed in the ongoing Monsoon Session of Parliament, The Hindu reported.
The statement of objects and reasons of the Constitution 130th Amendment Bill submitted by Shah was circulated among Lok Sabha MPs on Tuesday, the newspaper reported.
It said that elected representatives represent the hopes and aspirations of the residents, adding that it is expected that they rise above political interests and act only in public interest.
“It is expected that the character and conduct of ministers holding the office should be beyond any ray of suspicion,” The Hindu quoted the statement of objects and reasons as saying.
A minister facing allegations of serious criminal offences, who has been arrested, “may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed” by the public in him or her, it added.
The statement of objects and reasons said that currently there is no constitutional provision to remove a minister who has been arrested on account of serious criminal charges.
Therefore, there is a need to amend Article 75, Article 164 and Article 239AA of the Constitution to provide a legal framework for the removal in such cases.
Article 75 of the Constitution outlines the provisions related to the prime minister and the Council of Ministers. Article 164 lists provisions related to the appointment and functioning of the Council of Ministers in a state.
Article 239AA relates to the special provisions for the National Capital Territory of Delhi.
The Jammu and Kashmir Reorganization Amendment Bill and the Government of Union Territories Amendment Bill lay out the process of removal of the chief minister and ministers in Jammu and Kashmir, and Puducherry.
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