The Opposition says the 130th amendment Bll seeking removal of Prime Minister, Chief Ministers and Ministers if jailed for 30 days is "dangerous" because it provides grounds for the removal of elected representatives even without being convicted in criminal cases.
The Modi government on the other hand calls the three bills introduced by Home Minister Amit Shah as anti-corruption reform. It's like 'August Kranti Bills' against corruption.
Why the opposition parties are nervous about it?
The fact of the matter is 13 out of the 31 chief ministers have declared criminal charges against them. Ten are from the opposition camp and they include powerful rulers such as Telangana CM A Revanth Reddy (89 cases) and his Tamil Nadu counterpart M K Stalin (47 cases).
The new Bills the Constitution (130th Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, propose a seismic shift: any Union minister, chief minister or even the prime minister could be forced to vacate office if held in custody for 30 consecutive days on charges punishable with at least five years in prison.
Moreover the recent examples set by opposition states Delhi (when Arvind Kejriwal was CM) and DMK-ruled Tamil Nadu.
Kejriwal spent more than five months in jail in 2024 on charges related to the liquor scandal and yet the morality issue did not prick him or his party founded on the protest against corruption alongside Anna Hazare.
Kejriwal's illustration made governance by proxy from prison ward.
He quit only after the Supreme Court 'conditions' disallowed disallowed his entry into the Secretariat.
In Tamil Nadu, CM Stalin remained V. Senthil Balaji as minister even after he was arrested in 2023 in a money-laundering case.
He stepped down months after the Supreme Court insisted that his presence in the ministry undermined constitutional propriety.
In contrast to the protest from opposition MPs, for the BJP, these new Bills now under consideration and scrutiny of a parliamentary panel are proof of Prime Minister Narendra Modi's much publicised claim -'Na Khaunga and Na Khane doonga'.
The saffron alliance leaders say this is an 'extension' of Modi Govt’s oft-repeated mantra of “zero tolerance” for corruption.
The Statement of Objects and Reasons for the bills says - the Ministers, CMs and Prime Minister address “the hopes and aspirations of the people” and their conduct should be “beyond any ray of suspicion”.
A minister in custody is anti-thesis to “the canons of constitutional morality”.
That could also diminish people's trust reposed in elected representatives.
Among 13 CM facing charges; 10 chief ministers are facing serious charges like attempt to murder, kidnapping, bribery and criminal intimidation.
Of these 10, seven CMs are from Opposition-ruled states, two are from BJP allies and one is from the BJP.
There is also an allegation that some chief ministers have been accused by rival politicians of getting the police to drop cases against themselves.
The real anxiety is not related to the Bills per se but to the manner the ED and other agencies have functioned with the opposition leaders and ministers.
Chief Justice of India B.R. Gavai has rebuked the ED for being used in “political battles”. Another court told the agency it was “crossing all limits”. The ED filed cases against 193 politicians in the last 10 years but was able to get just two convicted.
The ED's success rate against politicians is a miserable 1%.
Chief Justice of India B R Gavai, part of a three-judge bench, said in August that the ED had been "successful" in incarcerating people for years without convictions. Justice Ujjal Bhuyan, part of another bench, pointed to the ED's dismal conviction rate and said: "There is a difference between law enforcing and law violating...".
"The Centre's knack for targeting Opposition-ruled with the misuse of Article 356, used to impose the President's rule, goes back to the initial years of India's democracy. This has been criticised by the Supreme Court on multiple occasions.