Why new Bills worry Opposition: 12 of their sitting ministers held since 2014, most for more than 30 days
Most of the cases pertain to Delhi, Bengal, and almost all are under PMLA, where bail conditions are very stringent
Arvind Kejriwal, Nawab Malik, and Partha Chatterjee are among the sitting ministers who have been arrested. (Express) 
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Parliament was marked by chaos on Wednesday as Union Home Minister Amit Shah introduced three Bills that allow for removal of ministers, chief ministers and the Prime Minister if in jail for 30 days consecutively on corruption charges or other serious offences. The Opposition has called this against federal principles and the very spirit of the Constitution that believes in innocent until proven guilty, and violation of the separation of powers between the Executive and Legislature.
Since 2014, when Prime Minister Narendra Modi first came to power, the Opposition has often accused the government of targeting its leaders through Central agencies. In the past 11 years, there have been at least 13 instances where sitting ministers have been detained, most of them by the Enforcement Directorate and CBI. Notably, 10 have been under the contentious Prevention of Money Laundering Act (PMLA), where there are stringent conditions for bail.
Most of these sitting ministers ended up spending much more than 30 days in jail, and some continue to be behind bars. A majority of them were arrested in Delhi, when ruled by the Aam Aadmi Party, and in the TMC-ruled West Bengal. None of the serving ministers held in the past 11 years belongs to the BJP or its allies.
One sitting BJP minister convicted since 2014 is Rakesh Sachan, who was held guilty in August 2022 by a sessions court in Kanpur when he was Uttar Pradesh MSME Minister, for possession of illegal arms under the Arms Act. With the punishment awarded to him a year, he was not arrested. He is on bail. He continues to be MSME minister.
J Jayalalithaa, AIADMK
Arrest: In September 2014, when the AIADMK supremo was the Tamil Nadu CM, having taken over in 2011
Investigating agency: Tamil Nadu Vigilance and Anti-Corruption Department, with case later shifted to Karnataka Lokayukta
Charges: A disproportionate assets case filed in the 1990s
Current status: After her death, other accused in the case, including Jayalalithaa’s aide V K Sasikala, were sentenced to 4 years of imprisonment and fined Rs 100 crore in February 2017
Time in jail: She was imprisoned immediately after conviction in Bangalore’s Parappana Agrahara jail and spent 21 days in prison. The Supreme Court then granted her interim bail and suspended her sentence. On May 11, 2015, the Karnataka High Court acquitted her of all the charges. Soon after, she returned to the CM seat. By the time Jayalalithaa died in December 2016 after a long illness, the BJP and AIADMK had drawn very close.
Jitendra Tomar, AAP
Arrest: In June 2015, when he was Delhi Law Minister
Agency: Delhi Police
Charges: Forgery and cheating in a “fake” law degree case
Maximum punishment: Imprisonment of up to 7 years
Current status: Was granted bail in July 2015; in 2020, a court set aside his 2015 election for false declaration in a poll affidavit
Time spent in jail: 1.5 months; resigned soon after arrest
Satyendar Jain, AAP
Arrest: In May 2022, when he was Delhi Health and PWD Minister
Investigating agency: Enforcement Directorate
Charges: PMLA
Maximum punishment: Imprisonment of up to 7 years
Current status: Undertrial, granted interim bail by the Supreme Court in October 2024 on medical reasons
Time spent in jail: 18 months; remained a minister for nine of those months
Manish Sisodia, AAP
Arrest: In February 2023, when he was Delhi Deputy CM
Investigating agency: CBI followed by ED
Charges: PMLA and Prevention of Corruption Act in Delhi Excise Policy case
Maximum punishment: Imprisonment of up to 7 years
Current status: Undertrial, granted bail by Supreme Court in August 2024
Time spent in jail: 17 months; resigned within a week of arrest
Arvind Kejriwal, AAP
Arrest: In March 2024, when he was sitting CM
Investigating agency: ED, followed by CBI
Charges: PMLA and Prevention of Corruption Act in the Delhi Excise Policy case
Maximum punishment: Imprisonment up to 7 years
Current status: Undertrial, granted bail by the Supreme Court in September 2024
Time spent in jail: Five months (Got interim bail for 15 days to campaign for Lok Sabha polls); resigned as CM after getting bail
V Senthil Balaji, DMK
Arrest: In June 2023, when he was the Tamil Nadu Power Minister
Investigating agency: Tamil Nadu Police and ED
Charges: Charges under PMLA pertaining to allegations that he took bribes for jobs when he was Transport Minister under the AIADMK government in 2014
Punishment: Up to seven years in jail
Current status: Case is ongoing. He was initially retained in the Cabinet but removed after the court expressed concerns.
Time in jail: 15 months. He was arrested and taken into custody in June 2023 and released in September 2024, after the Supreme Court granted him bail. He was hospitalised in the first month of judicial custody and underwent a bypass surgery.
Nawab Malik, NCP
Arrest: In February 2022, when he was Minority Affairs Minister in the then Maha Vikas Aghadi government in Maharashtra
Investigating agency: ED
Charges: Money laundering charges under PMLA in a case linked to gangster Dawood Ibrahim
Maximum punishment: Imprisonment of up to 7 years
Current status: Undertrial, granted bail by Supreme Court on health grounds in July 2023
Time spent in jail: 18 months; the government kept him as a minister during his time in jail but without a portfolio
Madan Mitra, TMC
Arrest: In December 2014, when he was Bengal Transport Minister
Investigating agency: CBI followed by ED
Charges: PMLA and Prevention of Corruption Act; case pertains to the Saradha Group financial scandal
Maximum punishment: Imprisonment of up to 7 years
Current status: Undertrial, got bail on September 10, 2016
Time spent in jail: 20 months; Continued to be minister until the 2016 Assembly elections. He lost in the polls.
Firhad Hakim, TMC
Arrest: In May 2021, when he was Urban Development and Municipal Affairs Minister in Bengal
Investigating agency: CBI
Charges: PMLA and Prevention of Corruption Act in the Narada sting operation case
Maximum punishment: Imprisonment of up to 7 years
Time spent in jail: 12 days, remained a minister
Current status: Undertrial. He got bail on May 28, 2021
Subrata Mukherjee, TMC
Arrest: In May 2021, when he was Bengal Panchayat and Rural Development Minister
Investigating agency: CBI
Charges: PMLA and Prevention of Corruption Act in the Narada sting operation case
Maximum punishment: Imprisonment of up to 7 years
Current status: He got bail on May 28, 2021; passed away on November 4, 2021
Time spent in jail: 12 days, remained a minister
Partha Chatterjee, TMC
Arrest: In July 2022, when he was West Bengal Education Minister
Investigating agency: ED followed by CBI
Charges: PMLA and Prevention of Corruption Act; agencies claimed he was key accused in a cash-for-jobs scheme
Maximum punishment: Imprisonment of up to 7 years
Current status: Undertrial; continues in jail. He was removed from the Cabinet just after arrest.
Time spent in jail: Almost 37 months.
Jyotipriya Mullick, TMC
Arrest: In October 2023, when he was Bengal Forest Minister
Investigating agency: ED
Charges: PMLA and Prevention of Corruption Act in alleged ration scam
Maximum punishment: Imprisonment of up to 7 years
Current status: Undertrial, got bail on January 16, 2025. Was removed from the Cabinet after one month of arrest
Time spent in jail: 14 months
— With inputs from Alok Deshpande, Arun Janardhanan, Atri Mitra, Bhupendra Pandey, Mallica Joshi
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