The Union Government led by NDA alliance is all set to introduce three major bills in the Lok Sabha in a few more hours from now. These three bills proposes a new legal framework that empowers the Union to divest of the constitutional posts like Prime Minister, Chief Ministers and Central Ministers including that of Jammu and Kashmir if they are arrested or detained for a period of 30 consecutive days over an offence that carries a jail term of five years or more.
These bills are aimed at amending the key articles in the constitution namely Article 75, 164 and 239AA. Till now, only public representatives who have been charged with offences could be removed from office. Now, the proposed law facilitates the Union with the right to remove Prime Minister, Chief Minister of any state and ministers of states and Union Territories who are arrested and lodged in custody for 30 days on the 31st day of their detention.
However, there is no clause on the kind of criminal charges contemplated. But, it is proposed the offence has to be punishable with at least a five year jail term. This might cover grave crimes like murder and large scale corruption. While the government is tight lipped about these bills, the Opposition parties are yet to respond on the development. A meeting by India bloc leaders is supposed to take place on Wednesday.
In general, those in office facing any such serious allegations and ready to face arrest would usually step down from the position. However, it is at their own discretion but no law compels to enforce it. Take example of former Delhi Chief Minister Arvind Kejriwal who was put behind bars for six months in the controversial liquor policy. However, he refused to resign or step down from the post despite huge public outrage and his opponents. He led the government from the jail.
With these new bills, political leaders serving as Ministers or in higher capacity will be more cautious in discharging their duties.