In a stormy Lok Sabha session on Wednesday, Home Minister Amit Shah introduced three Bills aimed at the removal of the Prime Minister, Chief Ministers, and ministers if they remain under arrest for 30 consecutive days on serious charges.
The move triggered fierce resistance from opposition benches, with MPs tearing copies of the draft law and marching towards Shah’s seat while shouting slogans. Critics argued that the proposed legislation undermines constitutional principles, federal balance, and the presumption of innocence, while opening the door to political misuse and authoritarian overreach.
Defending the move, Shah said public life must uphold moral standards, remarking: “It is unacceptable for those facing grave charges to continue occupying constitutional offices.”
Home Minister Amit Shah defended the timing of the new Bills, saying India has never before faced a situation where governments were being run from jail. He cited earlier instances in Delhi and Tamil Nadu. In Tamil Nadu, questions arose when a petition alleged that jailed AIADMK leader Sasikala was influencing the government. In Delhi, Chief Minister Arvind Kejriwal ran his administration from prison for about six months last year after his arrest in the excise policy case.
The matter reached the High Court, which noted that the Constitution is silent on such situations. The Supreme Court, too, refrained from forcing Kejriwal’s resignation, observing that it was for him to decide whether to step aside.
Currently, under Indian law, elected representatives are required to step down only after conviction. In contrast, civil servants are suspended immediately upon arrest and dismissed if convicted. Legal experts pointed out that, while no law prevents a jailed leader from running a government, practical constraints make it highly unworkable.
BJP leaders argue that the Constitution’s framers never imagined a time when leaders would refuse to vacate office after being jailed. The Opposition, however, sees the move as politically motivated. Trinamool Congress MPs Abhishek Banerjee and Kalyan Banerjee alleged the Bills are designed as weapons against non-BJP governments, pointing to investigative agencies filing cases with low conviction rates. Congress MP Manish Tewari said the proposal violates constitutional principles, including Article 21 and the doctrine of Cabinet responsibility.
AAP’s Saurabh Bharadwaj accused the government of engineering a conspiracy to topple Opposition-led state governments, echoing Kejriwal’s earlier warning that resignations would only invite further arrests and weaken his party.
