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Union Home Minister Amit Shah on Wednesday strongly defended the Modi government’s new constitutional amendment bills aimed at disqualifying political leaders from holding ministerial positions while in jail. Shah invoked his own arrest in the Sohrabuddin Sheikh encounter case to highlight the importance of moral accountability in public life.
He accused the Congress of falsely implicating him in a politically motivated case in 2010 and pointed out that he resigned from his post even before his arrest. Shah was later acquitted by a CBI court in 2014. He contrasted his actions with current instances where leaders continue to hold power despite being in jail, which he described as "shocking and morally indefensible."
Key Highlights of the Proposed Legislation
Amit Shah formally introduced three bills in Parliament:
- The Constitution (130th Amendment) Bill
- The Government of Union Territories (Amendment) Bill
- The Jammu and Kashmir Reorganisation (Amendment) Bill
Under the proposed laws, any Prime Minister, Chief Minister, or Minister who is arrested for an offence punishable by five years or more and remains in custody for 30 consecutive days would automatically lose their position. They could, however, be reinstated upon securing bail.
Shah stated the bills are intended to restore ethical standards in politics and prevent jailed leaders from continuing to exercise executive powers. He also questioned whether it is appropriate for someone to run a government from prison.
Targeting Opposition and Congress's History
Taking a direct swipe at the Opposition, Shah said, “The Constitution’s framers never imagined that leaders would refuse to step down even after arrest.” He further accused the Congress-led UPA of attempting to protect tainted leaders and resisting reforms to preserve power.
Shah also referred to the 39th Constitutional Amendment brought in during Indira Gandhi’s tenure, which shielded the Prime Minister’s office from judicial scrutiny. He compared that move with the BJP’s current initiative to bring its own leadership under the law, including the Prime Minister.
Personal Defence Against Congress Criticism
Shah’s remarks came in response to criticism from Congress MP KC Venugopal, who questioned Shah’s morality by pointing to his arrest when he was Gujarat’s Home Minister. Shah responded, asserting that he had voluntarily stepped down and did not hold any official position during the trial, which ended in a full acquittal.
He also cited BJP leader L.K. Advani, who resigned over mere allegations during the 1990s, to underline the party’s tradition of moral responsibility.
Opposition Slams the Bills
The bills triggered chaos in Parliament. Opposition MPs tore copies of the proposed legislation and raised slogans, alleging that the move could be misused to target non-NDA ruled states.
AIMIM chief Asaduddin Owaisi compared the bills to Hitler’s Gestapo, calling them a “death knell for democracy.” Congress MP Manish Tewari warned that the laws could be weaponized for political vendetta and threaten the basic structure of the Constitution.
Despite the backlash, the Modi government maintained that the objective is to ensure that ministers facing serious criminal charges cannot continue in office from behind bars.
The bills come amid ongoing controversies where leaders like Arvind Kejriwal and V. Senthil Balaji remained in ministerial positions despite being in judicial custody.