Explainer: The 130th Constitutional Amendment Bill to remove PM, CM, and Ministers
The Union government introduced the 130th Constitutional Amendment Bill to remove Ministers, including the Prime Minister and Chief Ministers, if arrested and detained for 30 consecutive days for criminal offenses punishable by at least five years imprisonment. They would be removed either by PM/CM's advice or automatically on the 31st day if no advice is tendered. The Bill also amends Article 239AA for Delhi and requires a two-thirds parliamentary majority. Existing laws, like the Representation of the People Act, 1951 (RP Act), only disqualify convicted persons sentenced to two or more years, not those merely arrested. Critics argue the Bill undermines parliamentary democracy, allows for political misuse, and removes elected representatives based on mere police action before trial, rather than addressing the root cause of criminalization in politics.
Key Points
- The 130th Constitutional Amendment Bill proposes the removal of Ministers, PM, and CM if arrested and detained for 30 consecutive days for serious criminal offenses.
- The Bill seeks to amend Articles 75, 164, and 239AA of the Constitution, requiring a two-thirds majority for passage.
- Current laws, such as the Representation of the People Act, 1951, only disqualify individuals upon conviction and sentencing, not mere arrest.
- Critics argue the Bill could lead to the arbitrary removal of elected officials based on police action and politicize the process, especially in opposition-ruled states.
- The article suggests that addressing the criminalization of politics should focus on preventing candidates with criminal records from contesting elections, rather than removing them post-arrest.
Exam Facts
- The Bill is the 130th Constitutional Amendment Bill.
- It seeks to amend Articles 75, 164, and 239AA.
- The Representation of the People Act, 1951 (RP Act) governs disqualification for convicted persons.
- The Lily Thomas (2013) Supreme Court case struck down Section 8(4) of RP Act.
- The Election Commission recommended in 2016 to bar persons with charges framed for offenses punishable by five years or more.
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