Panel reworks Bill to remove Chief Ministers

Amid concerns raised by the Opposition parties, a Parliamentary panel has recommended that the Prime Minister, Union Ministers and Chief Ministers be suspended and not permanently removed from their positions if they are detained for 30 consecutive days on charges of serious offences. It also proposed an automatic reversal clause if such persons are acquitted or the prosecution does not proceed within a specified period.

The Joint Parliamentary Committee (JPC) examining the Constitution (One Hundred and Thirtieth Amendment) Bill made two specific and three general recommendations. Introduced last August, the Bill seeks to automatically remove the PM, ministers or CM on the 31st day of their detention if they don’t step down on their own. The Opposition had dubbed the Bill a tool to destabilise Governments run by them. Most Opposition parties had opted out of the JPC examining the Bill.

In its report, likely to be adopted this week, the JPC has proposed that the term removal be replaced with suspension. The new draft says, “Ministers facing specified criminal charges should be suspended, not permanently removed, pending the outcome of legal proceedings.” It also defined serious criminal offences as offences punishable with imprisonment of up to five years or more.

Proposing the introduction of a sunset or automatic reversal clause, it said the suspension should automatically end if the minister is acquitted or the prosecution does not proceed within a specified period. The JPC said the safeguard ensures reappointment and that the suspension does not become permanent for those found not guilty by courts.

The panel also recommended that cases involving high-level constitutional functionaries should be tried in fast-track or special courts, in line with the Supreme Court’s directions.

The proposed law should include a separate schedule listing offences punishable with imprisonment of up to five years or more to clearly identify the offences that would entail suspension, the panel said. The Bill was introduced with an aim to ensure that Governments are not run from jail. If the recommendations are accepted, the Ministry of Home Affairs will approach the Union Cabinet with the proposed amendments and later bring official amendments in the Lok Sabha.