New Bill puts spotlight on ministers with serious criminal cases

Amit Shah tables Bill to remove ministers in custody for serious crimes; ADR finds 1 in 3 CMs face grave charges, raising questions on political accountability

On August 20, the penultimate day of the monsoon session of Parliament, Union Home Minister Amit Shah introduced the 130th Constitution Amendment Bill that seeks to provide for the removal of the Prime Minister, a chief minister, or any other minister in the central or state government in case of being arrested and held in custody on serious criminal charges. The provisions will also apply to the Union Territory of Delhi. Two other Bills have been introduced to bring the same rules into force in Puducherry and Jammu & Kashmir. All three Bills have been referred to a joint committee of Parliament. 

Grounds for removal: A minister will be removed from office if: (i) he or she is accused of an offence punishable with imprisonment of five years or more, and (ii) has been in custody for 30 consecutive days. 

Procedure for removal: A minister in the central government will be removed by the President on the advice of the PM, which must be given by the 31st consecutive day of custody. If the PM does not advise the President by this time, the minister will cease to hold office from the following day. The same provisions will apply at states, with the governor acting on the advice of CM. 

Re-appointment: A minister who is removed from office under these provisions may be re-appointed after being released from custody.

 

One in 3 CMs faces serious criminal charges 

The Association for Democratic Reforms (ADR) analysed the self-sworn affidavits of all 30 current CMs across states and Union Territories, excluding Manipur, which is under President’s Rule. It extracted the data from affidavits filed by the CMs prior to contesting their last elections. According to their affidavits, 40 per cent (12 of 30 CMs) have declared criminal cases against themselves. Similarly, 33 per cent (10 CMs) face serious criminal cases, including attempt to murder, kidnapping, bribery, and criminal intimidation.