Opinion Bill for removal of arrested ministers offers promise of clean governance, reflects will of people

This Bill is a clarion call to restore constitutional morality, public trust, and accountability in the political system as envisaged by the framers of the Constitution of India, who emphasised the need for constitutional morality in governance. B R Ambedkar, during the Constituent Assembly debates, warned that democracy in India would depend not just on constitutional provisions but on the moral fabric of those who hold office: “However good a constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of the constitution does not depend wholly upon the nature of the constitution.”

We need to bear in mind that ministers should be honourable persons, setting the highest standards of probity and propriety. They are not ordinary citizens; they represent the collective will of our nation, they are the highest executive offices of trust. If such ministers remain in custody for prolonged periods, public faith in the government suffers irreparable damage.

This Bill ensures that governments will not and should not be run from jail. India deserves leaders above suspicion, not individuals whose only priority becomes their personal enrichment.

A minister takes an oath to uphold the Constitution and the law. When such a minister is held in custody, it signifies that serious charges are under judicial consideration. Continuing in office during this period creates a conflict of interest between their personal legal defence and public duty.

Ordinary government employees are suspended once taken into custody for a period of more than 48 hours. Why then should ministers, who wield far greater power, be treated differently? Accountability means stepping aside until innocence is established. The Bill merely enforces a discipline that should have been followed as a matter of propriety. The BJP has always set high standards when it comes to accountability, with history providing shining examples of leaders who put morality above power.

Amit Shah himself was targeted during Congress’s rule. When summoned, he immediately resigned from office, despite political persecution. By doing so, he set a high moral benchmark. He was later discharged by the courts of the country. Similarly, Lal Krishna Advani, when frivolously accused in the Jain Hawala case, resigned as MP until his name was cleared. His statement, “I will not return until proven innocent”, continues to inspire.

Contrast this with today’s political conduct. Arvind Kejriwal ran his government from jail for six months, converting prison into a political office. The Delhi High Court, while hearing a petition for the removal of Satyendra Jain, an incarcerated minister in Kejriwal’s cabinet, observed, “Good governance is only in the hands of good people. Even though the court cannot sit in judgement of what is good or bad, it certainly can remind constitutional functionaries to preserve, protect and promote the ethos of our Constitution. There is a presumption that the Chief Minister would be well advised and guided by such constitutional principles.”

Another example is DMK’s former minister Senthil Balaji, who refused to resign despite being in custody, compelling the Supreme Court to reprimand his continuance. SC’s Justice Abhay S Oka observed, “We will not tolerate this conduct. We are giving a choice. Freedom or post. There are findings recorded in the reported judgement of this court attributing role to him in the predicate offence as minister. Can we ignore that? What signals are we sending?”

These incidents expose the urgent need for codified discipline. The Bill ensures that morality is not left to individual choice but becomes a constitutional mandate. It is evident that there exists a vacuum around how to deal with detained and arrested constitutional and elected ministers holding public office. The Supreme Court and high courts have also made serious observations regarding the need to fill in these gaps. The amendment is thus the need of the hour. It addresses the concern highlighted by the constitutional courts.

Criminality in politics is one of the gravest dangers to Indian democracy and this Bill acts as an effective safeguard against it. Many legislators face serious criminal charges, from corruption to organised crime. By introducing a 30-day custody rule, the Bill attempts to strike a balance between frivolous arrests and genuine judicial scrutiny. Being held in prolonged judicial custody is never casual; it means the judiciary has found strong grounds for arrest. Thus, the provision helps cleanse politics without undermining democratic representation.

The Bill has not been formulated out of thin air. It builds upon existing constitutional architecture: Articles 75(1B) and 164(1B) disqualify defectors from holding ministerial office. Articles 102 and 191 disqualify MPs/MLAs upon conviction.

The Supreme Court in Manoj Narula vs Union of India (2014) observed, “…it can always be legitimately expected, regard being had to the role of a Minister in the Council of Ministers and keeping in view the sanctity of oath he takes, the Prime Minister, while living up to the trust reposed in him, would consider not choosing a person with criminal antecedents against whom charges have been framed for heinous or serious criminal offences or charges of corruption to become a Minister of the Council of Ministers. This is what the Constitution suggests and that is the constitutional expectation from the Prime Minister. Rest has to be left to the wisdom of the Prime Minister. We say nothing more, nothing less.”

The 130th Amendment does exactly this: It fills the vacuum between arrest and conviction, upholding the doctrine of constitutional propriety.

Critics argue that the Bill is harsh. But a closer look proves otherwise. The provision only ensures temporary removal. Once released, the minister can be reappointed. The presumption of innocence also remains intact.
Thus, the Bill strikes a balance between individual rights and public interest, ensuring governance is not paralysed by personal legal battles. Democracies are judged not only by elections but by the integrity of their institutions. Headlines that read “Chief Minister runs government from jail” weaken India’s global image. By enacting this law, India sends a strong message: Governance is a sacred trust, not a shield for wrongdoers. It will enhance India’s democratic reputation as a nation committed to integrity in public life.

Opponents argue the provision could be misused politically. But this claim does not hold ground: Custody is subject to judicial scrutiny. Prolonged custody (30 days) cannot happen without judicial satisfaction. The Bill applies uniformly across parties, whether the BJP, Congress, or regional outfits. Most importantly, the Prime Minister’s office has also been kept within the purview of the law. Thus, rather than being draconian, it creates a level playing field where no party can shelter tainted leaders.

Ultimately, politics is not just about winning elections — it is about setting higher moral standards. If a clerk in government service can be suspended upon arrest, why should ministers be exempt? The Bill reminds us that public office is not personal property; it is a sacred trust, and those who betray that trust must step aside, even if temporarily.

The 130th Constitution Amendment Bill is not against any person or party. It is a mirror to Indian politics: A choice between clean governance and the defence of criminality. It honours the Constituent Assembly’s vision, the examples of leaders like Advani and Amit Shah, and the Supreme Court’s call for propriety. It ensures that democracy is not weakened by the spectacle of governments being run from jails. As HM Shah stated while introducing the Bill, its purpose is simple yet profound: To raise the moral level of public discourse and restore the dignity of governance.

The writer is senior advocate and national spokesperson, BJP