GS 2: PolityGS 2: GovernancePrelims

Panel defers adoption of report on Bill for removal of Prime Minister, CMs, Pg11

Parliamentary panel defers report on Bill to remove PM/CMs for 30-day custody, sparking debate on political vendetta and constitutional status.

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Key Highlights:

  • A Joint Committee of Parliament deferred the adoption of a draft report concerning The Constitution (One Hundred and Thirtieth Amendment) Bill.
  • The Bill proposes the automatic removal or suspension of the Prime Minister, Chief Ministers, or other Ministers if they are in judicial custody for 30 consecutive days on serious charges.
  • The panel, led by BJP MP Aparajita Sarangi, decided that more consultations and discussions were required due to the Bill's "far-reaching impact".
  • The draft report had recommended replacing "removal" with "suspension" for such public functionaries.
  • NCP(SP) MP Supriya Sule and AIMIM MP Asaduddin Owaisi had submitted dissent notes, which were later withdrawn after the deferral.

Detailed Insights:

  • The Bill aims to address a perceived vacuum where public functionaries continue in office despite prolonged incarceration.
  • The panel's draft report included a proposal for an automatic reversal clause if the suspended individual is acquitted or if prosecution does not proceed.
  • It also suggested defining "serious criminal offences" as those punishable with imprisonment for a term of five years or more.
  • Supriya Sule argued that the Bill could weaponize the criminal justice system for political vendetta, creating a parallel system of disqualification.
  • She also contended that the provision disregards the constitutional status and democratic mandate of elected representatives by equating them with bureaucrats.
  • The INDIA bloc had only one representative, Supriya Sule, on the joint parliamentary committee.

Key Concepts Involved:

  • Judicial Custody: Detention of an accused person in jail under the authority of a magistrate, where police cannot interrogate without court permission.
  • Constitutional Amendment Bill: A legislative proposal introduced in Parliament to modify, insert, or repeal provisions of the Constitution of India, as outlined in Article 368.
  • Parliamentary Committee: A group of Members of Parliament appointed or elected by the House or nominated by the Speaker to scrutinize specific issues and make recommendations to the Parliament.
  • Political Vendetta: Legal actions or prolonged hostile acts driven by political rivalry or a strong desire to harm opponents, rather than being based purely on merit.
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