Amit Shah’s bill seen as BJP ploy to oust elected opposition leaders without conviction

Union Home Minister Amit Shah’s latest proposal to amend the Constitution and related laws has stirred sharp political concern, with the move seen as a mechanism that could allow the ruling party to dislodge democratically elected governments through the office of governors and lieutenant governors.

If passed, the legislation would enable the removal of a chief minister, prime minister, or any cabinet minister if they remain in custody for 30 days, even without conviction, raising fears of opposition leaders being jailed on dubious charges to pave the way for their ouster.

Shah has written to the secretary-general of the Lok Sabha stating his intention to move the Constitution (130th Amendment) Bill, the Government of Union Territories (Amendment) Bill, and the Jammu and Kashmir Reorganisation (Amendment) Bill during the ongoing monsoon session.

The bills, set to be taken up on August 20 and possibly discussed until August 21, seek to insert sweeping provisions into Article 75 of the Constitution and parallel statutes governing Union territories.

The proposed constitutional amendment stipulates that any minister, including the Prime Minister, who is arrested and detained for 30 consecutive days in connection with an offence carrying a punishment of five years or more, shall cease to hold office.

While the clause purports to uphold integrity in governance, its effect is that elected leaders could be stripped of office merely by being placed in custody, even in the absence of a conviction. Critics argue this undermines the principle of “innocent until proven guilty” and hands excessive discretion to central agencies and governors.

A parallel provision has been introduced into the Government of Union Territories Act, 1963, extending the same powers to lieutenant governors in Union territories. In the case of Jammu and Kashmir, the amendment bill does not deal with restoration of statehood as many had speculated, but instead empowers the lieutenant governor to remove ministers if they remain in custody beyond 30 days, The Wire reported.

This would give the Union government unprecedented authority to override the elected dispensation in the Union territory, further centralising control rather than devolving powers.

The timing of the bills has also raised procedural concerns. With only two working days left in the monsoon session, Shah has sought relaxation of parliamentary rules that mandate prior notice and circulation of bills for members’ review.

In his communication to the Secretary-General, he cited paucity of time and pressed for leniency in applying Rules 19(A) and 19(B). The Ministry of Parliamentary Affairs has already issued a revised agenda listing the bills, though the Lok Sabha secretariat initially flagged the move as inconsistent with established procedure.

With only two working days left in the monsoon session, Shah urged the secretary-general to relax the mandatory process of circulation and review by members, citing paucity of time and pressing for leniency in applying Rules 19(A) and 19(B). His move is being viewed as an attempt to evade scrutiny, even though the bills do not fall under any category of urgent or significant legislation requiring immediate passage.

The Ministry of Parliamentary Affairs nonetheless issued a revised agenda listing the bills, though the Lok Sabha secretariat initially flagged the move as inconsistent with established procedure.

The opposition has described the initiative as an attempt by the BJP government to destabilise opposition-ruled states by enabling governors and central agencies to act as instruments of political control. The provision, they argue, could allow the ruling party to bypass the electoral process and remove governments that continue to command public support but face politically motivated arrests.