‘Assault’ on federalism, democracy: Oppn on Bills to remove ministers held for serious charges

The Congress alleged that the Bills were a “desperate attempt to divert” public attention from “vote chori” allegations levelled against the Election Commission (EC) and the Narendra Modi government by Rahul Gandhi, the Leader of Opposition (LoP) in the Lok Sabha.

Other Opposition parties also called the proposed legislation an “open assault on the federal framework and parliamentary democratic system”.

“The Bill of Home Minister Amit Shah are nothing but a desperate attempt to divert the attention of the public away from the blistering Vote Adhikar Yatra of Shri Rahul Gandhi. First CSDS – BJP IT cell drama and now these bills. Clearly the winds of change are blowing in Bihar,” said Deputy Leader of the Congress in the Lower House Gaurav Gogoi in an X post.

Congress leader Priyanka Gandhi Vadra termed the Bills “completely draconian”. “It is a completely draconian thing…And to couch it as a measure…(for) anti-corruption is to pull a veil across the eyes of people…You do not even have to be convicted…Tomorrow, you can put any kind of a case on a CM, have him arrested for 30 days without conviction, and he ceases to be a Chief Minister,” Priyanka said.

Congress MP Shashi Tharoor said he has “not studied the Bill” but on the face of it “could see nothing wrong” in it with “the proposition that wrongdoers should resign their ministerial positions”. He added that  he “was neither supporting nor opposing the Bill without studying it”.

AIMIM chief Asaduddin Owaisi argued that the Bills were against the theory of separation of powers, due process and the right of the people of India to hold elected governments accountable.

“Executive agencies will get a free run, become the judge, jury and executioner…we are seeing the Gestapo moment of the 1930s playing out in India…” he alleged. “Now Chief Ministers will become accountable to investigation agencies instead of the people…Who will arrest the Prime Minister,” he asked, accusing the BJP of seeking to “make India a police state”.

West Bengal CM and Trinamool Congress (TMC) chief Mamata Banerjee said the Bill was a “step towards something that is more than a super-Emergency” and “a step to end the democratic era of India for ever”.

Banerjee alleged, “The Bill seeks to strip the judiciary of its constitutional role – to take away the power of courts to adjudicate on matters that lie at the very heart of justice and federal balance. By vesting such powers in partisan hands, the Bill mutilates democracy.”

Tamil Nadu CM and DMK president M K Stalin condemned the Bill, saying it “strikes at the very root of democracy”. “The Union BJP Government has decided to defile the Constitution and its democratic foundations by turning India into a dictatorship under the Prime Minister,” he said.

RJD MP Sudhakar Singh alleged that the Bills marked a step towards the institutionalisation of “dictatorship in the country” since they would make anyone challenging the establishment liable to be thrown behind bars bringing India on the verge of “becoming Pakistan and Bangladesh”.

“Such people will be arrested overnight and sent to jail. India is on the verge of becoming Pakistan and Bangladesh, where Opposition leaders are either in jail or abroad. An attempt is being made to adopt the same method inside India, which will be opposed,” he said.

In its statement, the CPI(M) Politburo said the Bills underlined the BJP government’s “anti-democratic tendencies to circumvent established procedures of law”. “The BJP has always shown the tendency of specially singling out so-called heinous acts to slap a blanket legislation to avoid judicial scrutiny. Given the neo-fascistic tendencies of the present government, this will obviously be used as a weapon to target opposition state governments. This move is obnoxious and undermines the checks and balances which is essential for a democracy worth its name,” the party said.

CPI(M) MP John Brittas charged that the Bills were “draconian and designed to destabilise Opposition-led state governments while undermining India’s federal structure”. “In an era marked by vindictive politics, where central agencies are deployed against Opposition leaders, the provisions will be misused for ulterior motives. The Bill’s reference to ‘constitutional morality’ contradicts its spirit, as it deviates from the established principle that disqualification and punishment should be tied to convictions by courts, not merely charges or arrests,” Brittas said.

CPI(ML) Liberation general secretary Dipankar Bhattacharya alleged that the Bills would “sound the death knell for federalism and parliamentary democracy in India” alongside the alleged “weaponisation” of central investigation agencies, constitutional offices such as the Governor’s office and the “ongoing systematic subversion of the electoral system”.

“The 130th Constitution Amendment Bill… is an open assault on the federal framework and parliamentary democratic system. The weaponisation of central agencies like ED, CBI, IT, NIA and the abuse of the Constitutional office of Governors in narrow partisan interest, a trend which has been seriously condemned on several occasions even by the Supreme Court, will now gain legal validity with the enactment of this Bill,” said Bhattacharya. The proposed legal framework, he alleged, would target all non-BJP governments in the country including those led by the BJP’s NDA allies.

The CPI said the Bill was “nothing short of draconian”, adding that its provisions “enable dismissal without trial or conviction”. “This is a complete negation of democratic rights and the presumption of innocence, which are foundational to our Constitution,” the party said.