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Congress MP Imran Masood on Saturday criticised the proposed Constitution amendment Bill that seeks the automatic removal of the Prime Minister, chief ministers and ministers if they remain in judicial custody for 30 consecutive days in cases involving serious criminal offences saying it could undermine democracy by allowing the removal of elected representatives based on arrest before any judicial determination of guilt.
Masood questioned the rationale behind the proposed Constitution (130th Amendment) Bill and warned against what he termed the erosion of democratic principles. "If you can simply file a case and make an arrest, then what remains of the law? What is the meaning of the law? If you can just file a case, arrest someone, and remove them, then where is democracy?" he asked. Questioning the scope of the proposed law, Masood asked, "Is it possible for the Prime Minister to be arrested?" He continued, "By taking such actions in the country, you are destroying democracy. Such steps should not be taken until all other options have been exhausted." The Constitution (130th Amendment) Bill, introduced in the Lok Sabha in August 2025, seeks to address what the government describes as a legislative gap in the existing law governing elected representatives. Under the current provisions of the Representation of the People Act, 1951, disqualification generally takes effect only after a formal conviction. The proposed amendment seeks to address the "interim period" between arrest and conviction, with the government arguing that it would prevent the spectacle of governance from behind bars and uphold the dignity of constitutional offices. The Bill is currently under examination by a Joint Parliamentary Committee (JPC). Critics of the legislation have expressed concerns that the proposed provisions could be misused by investigative agencies to unseat political opponents before courts determine their guilt, raising questions about the Constitution's basic structure. The BJP, however, has defended the proposed amendment, maintaining that the reform is necessary to decriminalise politics and preserve the sanctity of India's democratic institutions. (ANI)
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