Bill To Sack Jailed Ministers Back On Track, Likely In Monsoon Session

A bill to automatically remove a Minister, Chief Minister, or Prime Minister who has been in custody for 30 days, is likely to be introduced in the monsoon session of parliament, which will begin on July 20. A Joint Parliamentary Committee formed to look into the matter is likely to approve the amended version of the bill during its meeting on July 17, sources have said.

Under the proposed law, if a minister is accused of an offense punishable by imprisonment of five years or more and remains in custody for 30 days, they will be removed from office - either by the President or Governor, or automatically - on Day 31.

The Opposition has objected to the bill, arguing that it is undemocratic, anti-federal, and violates the principles of natural justice, as it mandates action based solely on detention rather than a conviction. 

The Opposition had also alleged a plan by the ruling BJP to misuse central agencies, frame non-BJP Chief Ministers, put them in jail and destabilise state governments. Two opposition Chief Ministers -- Arvind Kejriwal and Hemant Soren -- have spent more than 100 days in jail after their arrests in alleged corruption cases.

Opposition leaders such as Asaduddin Owaisi and Supriya Sule are members of the Joint Parliamentary Committee. It is believed that they may submit a note of dissent regarding the JPC report.

Sources said the updated bill -- incorporating amendments based on JPC recommendations -- could be approved at the July 17 meeting of the JPC, which is chaired by BJP MP Aparajita Sarangi.

The updated bill will be the 130th Constitution Amendment Bill, which was introduced by Union Home Minister Amit Shah in August last year. It was referred to the Joint parliamentary Committee following Opposition protests. Most Opposition parties, however, boycotted the JPC.

Sources said while the recommendation will be to retain most provisions, certain safeguards may be suggested to address concerns about political misuse. These could include provisions to limit the scope of offenses.

Sources, though, suggested that the report may retain the most controversial provision - that a Prime Minister, Chief Minister, or any other minister will be automatically removed from office if detained for 30 consecutive days for serious offenses.