
The Joint Parliamentary Committee (JPC) reviewing the controversial 130th Constitutional Amendment Bill is likely to submit its report to the Lok Sabha Speaker on July 17. The main objective of this bill is to remove ministers from their posts if they are detained. According to sources, the most controversial provision in the report may be retained, under which if the Prime Minister, Chief Minister or any other minister remains in custody for serious crimes for 30 consecutive days, he will be automatically removed from the post. However, some safeguards can also be included in this law to ensure that the law is not used for political vendetta.
This bill will be introduced in the upcoming monsoon session of Parliament, which is likely to begin from July 20. Home Minister Amit Shah had introduced it in August last year, after which a 31-member JPC was formed under the chairmanship of Aparajita Sarangi. However, most members of the opposition India alliance, including the Congress, had boycotted the committee saying that the ruling party would ignore their suggestions and use the committee only as a ‘rubber stamp’ to get the bill approved.
What is the opposition’s argument on the bill?
The opposition argues that this bill is undemocratic, anti-federal and against the principle of natural justice, as it takes action only on the basis of detention before sentencing. On the contrary, the ruling party believes that 30 days is enough time to file bail petitions at least three times.
Owaisi and Supriya Sule also included in the committee
The committee may recommend adding provisions to limit the nature of the crime and prevent misuse. The panel also includes opposition leaders like Asaduddin Owaisi and Supriya Sule, who can give their dissent note on this report. Rajya Sabha MP YSRCP K S Niranjan Reddy is also a part of this 31-member committee.
What does the law say?
According to this bill, if a minister is accused of an offense punishable with a punishment of 5 years or more and remains in custody for 30 days, he will be relieved from office by the President or the Governor or automatically on the 31st day.
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