Parliamentary panel backs suspension, not removal, of PMs, CMs in new bill
A Joint Parliamentary Committee has finalised its report on the Constitution (130th Amendment) Bill on removing top executive office-bearers after 30 days in custody for serious offences. The panel has proposed temporary removal with scope for reinstatement, while keeping MPs and MLAs' membership unaffected.
The Joint Parliamentary Committee (JPC) has finalised its report on the proposed Constitution (130th Amendment) Bill, which seeks the removal of the Prime Minister, Chief Ministers and ministers from office if they are arrested or detained for 30 days in connection with serious offences.
While retaining the bill's core framework, the panel has recommended replacing permanent removal with temporary removal and allowing the reinstatement of ministers after their release, acquittal or discharge.
One of the key recommendations is to replace the draft bill's provision for permanent removal with temporary removal from office.
The report also provides for reinstatement after release from custody, allowing the individual to be appointed again as Prime Minister, Chief Minister or minister.
Under the proposed changes, a Prime Minister, Chief Minister or minister who is acquitted, discharged, or whose prosecution does not proceed within the stipulated period can be reinstated to office.
The committee has also clarified that the mechanism would apply only to serious offences carrying a punishment of five years or more. It has further recommended the setting up of fast-track courts to ensure the speedy disposal of such cases.
Under the proposed framework, if a minister remains in custody for 30 days, the Prime Minister or Chief Minister will, on the 31st day, inform the President, Governor or Lieutenant Governor to remove the minister from office.
If no such recommendation is made, the minister will be deemed to have been automatically removed from the Council of Ministers.
In cases where the Prime Minister or Chief Minister themselves remain in custody for 30 days in connection with such offences, they will be required to resign on the 31st day. If they fail to do so, they will be deemed to have been removed from office.
The JPC has clarified that the proposed constitutional amendment will not affect the individual's status as a Member of Parliament or Member of the Legislative Assembly.
They would only vacate the executive office of Prime Minister, Chief Minister or minister and would continue as elected representatives unless disqualified under the Representation of the People Act.
The committee has recommended amendments to Articles 75, 164 and 239AA of the Constitution. Articles 75 and 164 deal with the appointment, tenure and accountability of ministers at the Centre and in the states, respectively, while Article 239AA lays down the constitutional framework governing the National Capital Territory of Delhi, including its Council of Ministers.
It has also proposed extending the framework to the Jammu and Kashmir Reorganisation Act, 2019, and the Union Territories Act, 1963, applicable to Puducherry.
According to the report, the proposed amendments do not alter criminal laws or the presumption of innocence. They also leave Articles 102 and 191, which deal with the disqualification of MPs and MLAs, unchanged.
The JPC is expected to consider and approve its report at its meeting on July 17.
The bill will then be sent to the Union Cabinet and could be introduced during the Monsoon Session of Parliament beginning July 20.
Most Opposition parties have opposed the proposal and did not nominate members to the JPC.
As a constitutional amendment, the bill will require a two-thirds majority in both Houses of Parliament for its passage.