A parliamentary committee reviewing the bills aimed at "decriminalising politics" has decided to reach out to opposition parties who have boycotted the panel. The committee is examining The Constitution (130th Amendment) Bill, The Jammu & Kashmir Reorganization (Amendment) Bill, and The Government of Union Territories (Amendment) Bill. These bills propose removing a Prime Minister, Chief Minister, or any other minister in central and state governments, and the Union Territory of Delhi, if they are held in custody for 30 consecutive days for a serious criminal offense.
The Joint Committee's first meeting, led by BJP member Aparajita Sarangi, also resolved to consult constitutional experts and members of bar associations. Several opposition parties have stayed away from the committee, arguing that the bills violate the fundamental legal principle of presumed innocence and resort to automatically dismissing a PM, CM, and ministers if they are not granted bail within a month of being arrested on serious criminal charges.
According to Sarangi, there was a consensus among the members regarding the need to decriminalise politics. The committee intends to visit states and invite constitutional experts, bar association members, and state officials at various levels to gather opinions. A member of the committee suggested inviting political parties that have boycotted the parliamentary panel, a proposal that received widespread support.
Currently, the 31-member panel is composed mostly of members from the BJP and its allies, with only a few opposition members, including Supriya Sule from NCP-SP, Harsimrat Kaur Badal from Akali Dal, Asaduddin Owaisi from AIMIM, and S Niranjan Reddy from YSRCP.
The Constitution (130th Amendment) Bill, 2025, brought forward by the Union Home Minister, suggests significant changes to Articles 75, 164, and 239AA of the Indian Constitution. Similar provisions are suggested for the Union Territory of Puducherry via the Government of Union Territories (Amendment) Bill, 2025, enabling the President to act in a similar manner. The Jammu and Kashmir Reorganization (Amendment) Bill, 2025, extends the same provisions to Jammu & Kashmir, empowering the LG to remove the CM/Ministers.
Arguments have been raised against the bills, including concerns about potential political weaponization and threats to federalism. It is argued that central agencies like the ED and CBI could be misused to arrest leaders on flimsy charges, thus providing a "legal shortcut" to destabilise governments without electoral contest. Concerns have also been raised that the bill could undermine the principle of "innocent until proven guilty".
The bill addresses the period between arrest and conviction, as the existing Representation of People Act (RP Act) disqualifies elected representatives only after conviction. The bill seeks to apply similar standards to Ministers as are applied to ordinary government employees, who face suspension after 48 hours in custody.
