Against Constitution: Tewari on bills to remove jailed PM, CMs
In a recent development, Union Minister Amit Shah presented three bills in Parliament aimed at removing Prime Ministers, Chief Ministers, and Ministers facing serious criminal charges. While the government claims that these bills are necessary to ensure accountability and transparency in governance, many Opposition parties, including the Congress, have expressed concerns over the potential misuse of these laws. One such critic is Congress MP Manish Tewari, who has termed these bills as “against the basic structure of the Constitution”.
According to Tewari, the Indian Constitution clearly states that one is innocent until proven guilty. He argued that the proposed bills undermine this fundamental principle by allowing the removal of elected representatives based on mere allegations, without a trial or conviction. This, he believes, is a dangerous precedent that can be exploited by the government to target its political opponents.
The first bill, the Constitution (Amendment) Bill, 2023, seeks to amend Article 75 of the Constitution, which deals with the removal of the Prime Minister. The bill proposes to add a new clause that allows the President to remove the Prime Minister if he is “found guilty of a grave misconduct or a serious criminal charge”. Similarly, the Constitution (Amendment) Bill, 2023, seeks to amend Article 164 of the Constitution, which deals with the removal of Chief Ministers. This bill proposes to add a new clause that allows the Governor to remove the Chief Minister if he is “found guilty of a grave misconduct or a serious criminal charge”.
The third bill, the Ministers (Disqualification) Bill, 2023, seeks to amend the Representation of the People Act, 1951, which deals with the disqualification of elected representatives. The bill proposes to add a new clause that allows the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha to disqualify a Minister if he is “found guilty of a grave misconduct or a serious criminal charge”.
Tewari, who is a former Union Minister and a senior Congress leader, argued that these bills are nothing but an attempt to strengthen the government’s hand in controlling the Opposition. He claimed that the bills are designed to allow the government to remove its political opponents without a fair trial or due process. “These bills are a clear attempt to undermine the independence of the judiciary and the fundamental rights of citizens,” he said.
Tewari also pointed out that the bills do not provide any safeguards to prevent the misuse of these laws. He argued that the potential for abuse is enormous, and that the government can use these laws to target its political opponents, silence dissenting voices, and consolidate its power.
The Congress MP also argued that the bills are a clear departure from the principles of natural justice and the concept of presumption of innocence. He claimed that these bills are a violation of the fundamental rights of citizens, including the right to life, liberty, and equality.
Tewari’s concerns are not unfounded. The proposed bills have raised serious concerns among Opposition parties and civil society groups, who fear that they can be used to target political opponents and undermine democratic institutions.
The government, however, has defended the bills, claiming that they are necessary to ensure accountability and transparency in governance. The government has argued that the bills will help to prevent the misuse of public office and ensure that elected representatives are held accountable for their actions.
While the government’s intentions may be pure, the proposed bills raise serious concerns over the potential for misuse and the erosion of democratic institutions. The opposition to these bills is not just about political vendetta, but about protecting the fundamental rights of citizens and ensuring that democracy is upheld.
In conclusion, the proposed bills to remove jailed PM, CMs, and Ministers facing serious criminal charges are a threat to the basic structure of the Constitution. They undermine the principles of natural justice, the concept of presumption of innocence, and the fundamental rights of citizens. As such, these bills must be rejected, and the government must focus on strengthening democratic institutions and upholding the rule of law.
