What is the new Bill to remove PM, CM and Ministers? , Pg8

Key Highlights:

• The Union government has introduced the 130th Constitutional Amendment Bill to remove Ministers arrested and detained for 30 days for criminal offences.
• The Bill amends Articles 75 and 164 of the Constitution, concerning the Council of Ministers at the Union and State levels.
• A Minister detained for 30 days in connection with an offence punishable with at least five years imprisonment shall be removed from office on the advice of the PM/CM.
• If the PM/CM is arrested and detained for 30 days, they must tender their resignation on the 31st day, but can be re-appointed upon release.

Detailed Insights:

• The Bill also seeks to amend Article 239AA with similar provisions for the National Capital Territory of Delhi, requiring a two-thirds majority in both houses of Parliament for passage.
• The Representation of the People Act, 1951 (RP Act) disqualifies individuals convicted in a criminal case and sentenced to at least two years in jail from being a member of Parliament or State legislature.
• The Supreme Court in Lily Thomas (2013) struck down Section 8(4) of the RP Act, which protected sitting members from disqualification upon filing an appeal.
• The Bill may lead to elected representatives losing their positions based on police action before trial, undermining parliamentary democracy and potentially granting the Centre disproportionate power.
• Addressing the root cause of criminalization in politics by preventing parties from fielding candidates with criminal records is a more effective solution.
• Reports by the Association of Democratic Reforms indicate that a candidate with a criminal background has a higher chance of winning (15.4%) compared to a candidate with a clean background (4.4%).

Key Concepts Involved:

• Article 75: Provisions related to the Prime Minister and the Council of Ministers, stating the President appoints the Prime Minister, who then advises the President to appoint other ministers.
• Article 164: Provisions regarding the appointment and functioning of ministers in a state government, including the Chief Minister. 
• Article 239AA: Provides special provisions for the National Capital Territory (NCT) of Delhi, establishing a Legislative Assembly with powers to make laws on matters listed in the State List and Concurrent List, except for specific entries relating to public order, police, and land. 
• Representation of the People Act, 1951: An act of Parliament of India that provides for the conduct of elections to the Houses of Parliament and to the Legislative Assembly of each State.