Against Constitution: Tewari on bills to remove jailed PM, CMs
In a recent move that has raised serious concerns about the erosion of fundamental rights and the potential for abuse of power, the Indian government has presented three bills in Parliament aimed at removing Prime Ministers, Chief Ministers, and Ministers facing serious criminal charges. The bills, which have been met with widespread criticism, have been condemned by many as a threat to the very fabric of the Indian Constitution.
Congress MP Manish Tewari was one of the first to speak out against the proposed legislation, terming it “against the basic structure of the Constitution”. In a scathing critique, Tewari argued that the bills were a clear violation of the fundamental principle of “innocent until proven guilty”, which is enshrined in the Indian Constitution.
Under the proposed legislation, a Prime Minister, Chief Minister, or Minister can be removed from office even before they are proven guilty in a court of law. Tewari warned that this could lead to a situation where individuals are removed from office based on frivolous or trumped-up charges, rather than on the basis of concrete evidence.
“This is a recipe for disaster,” Tewari said, “The potential for misuse of state instrumentalities under these bills is enormous. It opens up the possibility of political vendetta, witch-hunts, and the abuse of power.”
Tewari’s comments were echoed by many other opposition leaders, who have also condemned the proposed legislation as a threat to democracy and the rule of law. The bills, they argue, are an attempt to undermine the independence of the judiciary and to give the government unchecked powers to remove elected representatives from office.
The proposed legislation has also been criticized by many legal experts, who argue that it is a clear violation of the principles of natural justice. Under the bills, a Prime Minister, Chief Minister, or Minister can be removed from office without a fair trial, and without being given the opportunity to defend themselves against the allegations made against them.
“This is a clear violation of the principle of natural justice,” said legal expert Vinod Mehta, “The bills are an attempt to bypass the due process of law and to give the government the power to remove elected representatives from office without being accountable to anyone.”
The proposed legislation has also been criticized for its lack of clarity and transparency. The bills do not define what constitutes a “serious criminal charge”, or what procedures will be followed in removing a Prime Minister, Chief Minister, or Minister from office. This, critics argue, leaves the door open for arbitrary and discriminatory decision-making.
The government has defended the proposed legislation, arguing that it is necessary to remove corrupt and dishonest politicians from office. However, many critics have pointed out that the bills are poorly drafted and lack any real safeguards to prevent abuse.
In conclusion, the proposed legislation to remove Prime Ministers, Chief Ministers, and Ministers facing serious criminal charges is a serious threat to the Indian Constitution and the rule of law. The bills are an attempt to undermine the independence of the judiciary and to give the government unchecked powers to remove elected representatives from office.
As Congress MP Manish Tewari has pointed out, the proposed legislation is “against the basic structure of the Constitution”. It is a clear violation of the principles of natural justice and the fundamental right to a fair trial. It is a recipe for disaster, and a threat to democracy and the rule of law.
