Against Constitution: Tewari on bills to remove jailed PM, CMs
In a move that has raised eyebrows and concerns among politicians and constitutional experts, Union Minister Amit Shah presented three bills in Parliament aimed at removing Prime Ministers, Chief Ministers, and Ministers facing serious criminal charges. However, Congress MP Manish Tewari has come out strongly against these bills, terming them as “against the basic structure of the Constitution”.
According to Tewari, the Indian Constitution clearly states that one is innocent until proven guilty, and the proposed bills run counter to this fundamental principle. He further highlighted the potential for misuse of state instrumentalities under these bills, which he believes can have far-reaching consequences.
The three bills, which were introduced in Parliament under the motto of “clean politics and accountability”, aim to provide a legal framework for the removal of elected representatives who are facing serious criminal charges. The bills, however, have been met with criticism from opposition parties, with many terming them as draconian and unconstitutional.
Tewari, who has been a vocal critic of the ruling party, has asked the Centre to rethink its decision and instead focus on strengthening the legal framework to deal with corruption and criminal charges. He believes that the proposed bills are a desperate attempt by the ruling party to silence its political opponents and maintain its grip on power.
“It is a classic case of the principle of ‘guilty until proven innocent’ being turned on its head,” Tewari said. “These bills, if passed, will give the state the power to ‘tar and feather’ individuals without affording them the right to defend themselves. This is a direct attack on the fundamental right to equality and the principle of presumption of innocence enshrined in the Constitution.”
Tewari also pointed out that the bills, in their current form, do not provide for due process or adequate safeguards to prevent misuse. “The bills, as they stand, are a recipe for disaster, as they give the state the power to decide who is guilty and who is not, without affording the individual the right to defend themselves. This is a recipe for abuse and arbitrary decision-making, and it goes against the grain of the Constitution,” he added.
The Congress MP also highlighted the potential for political vendetta and misuse of power under the proposed bills. “The ruling party, through these bills, is attempting to silence its political opponents and maintain its grip on power. The potential for misuse of state instrumentalities is enormous, and it is our duty to protect the Constitution and ensure that these bills do not become the instrument of abuse and arbitrary decision-making,” he warned.
Tewari’s criticism of the proposed bills has been echoed by several other opposition parties, with many terming them as unconstitutional and draconian. The move has also been met with criticism from constitutional experts, who have pointed out that the bills run counter to the principles of natural justice and the rule of law.
In response to the criticism, the Centre has maintained that the bills are necessary to ensure accountability and transparency in governance. However, the move has only sparked further controversy and debate, with many calling for a rethink of the proposals.
As the debate rages on, one thing is clear: the proposed bills, if passed, will have far-reaching consequences for democracy and the rule of law in India. It is, therefore, crucial that politicians and constitutional experts come together to ensure that these bills are not used as an instrument of abuse and arbitrary decision-making, but instead, are used to protect and strengthen the Constitution.
