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. However, Congress MP Manish Tewari strongly opposed these bills, stating that they are against the basic structure of the Constitution.
The three bills, titled the “Prevention of Corruption (Amendment) Bill, 2023,” “The Lokpal and Lokayuktas (Amendment) Bill, 2023,” and “The Prevention of Money Laundering (Amendment) Bill, 2023,” aim to remove public servants, including Prime Ministers and Chief Ministers, who are facing serious criminal charges. According to the bills, if a public servant is convicted of a serious crime, they can be removed from their position.
Tewari, however, is adamant that these bills are unconstitutional and will lead to the misuse of state instrumentalities. He argued that the Indian Constitution guarantees the principle of “innocent until proven guilty,” which means that a person is presumed innocent until they are proven guilty in a court of law.
“The Constitution says that one is innocent until proven guilty,” Tewari said. “You can’t assume that someone is guilty just because they are facing charges. This is a fundamental principle of our Constitution, and these bills seek to undermine it.”
Tewari’s concerns are not unfounded. The bills, if passed, could lead to the arbitrary removal of public servants based on unproven allegations. This could create a situation where public servants are removed from their positions without a fair trial, which would be a violation of their fundamental rights.
Moreover, the potential for misuse of state instrumentalities under these bills is enormous. Tewari pointed out that the bills would give the government the power to remove public servants based on charges that may not even be proven in court. This could lead to the abuse of power, where the government uses these bills to target political opponents or individuals who are critical of the government.
“The potential for misuse is enormous,” Tewari said. “These bills give the government the power to remove public servants based on charges that may not even be proven in court. This could lead to the abuse of power, where the government uses these bills to target political opponents or individuals who are critical of the government.”
Tewari’s concerns are echoed by many legal experts who have criticized the bills for being unconstitutional and violative of fundamental rights. Many have argued that the bills seek to undermine the principle of “innocent until proven guilty” and create a situation where public servants are removed from their positions based on unproven allegations.
In conclusion, the bills presented by Union Minister Amit Shah are a threat to the basic structure of the Constitution. The potential for misuse of state instrumentalities is enormous, and the bills could lead to the arbitrary removal of public servants based on unproven allegations. Congress MP Manish Tewari is right in saying that these bills are against the Constitution and should be rejected.
