Panel Suggests Suspension Instead of Removal, Recommends Safeguards, Fast-Track Trials; Report Adoption Deferred Ahead of Monsoon Session
New Delhi, July 17 :
The Joint Parliamentary Committee (JPC) has deferred the adoption of its report on the proposed Constitution (130th Amendment) Bill after members sought additional time to deliberate on key recommendations. The report was expected to be finalised ahead of the upcoming Monsoon Session of Parliament, where the proposed legislation is likely to trigger extensive political discussion.
The proposed constitutional amendment seeks to introduce a legal framework under which the Prime Minister, Chief Ministers, Union Ministers and State Ministers facing serious criminal charges and remaining in judicial custody for 30 consecutive days would be temporarily barred from holding executive office.
During its deliberations, the parliamentary panel recommended replacing the earlier proposal of permanent removal from office with a system of temporary suspension. The committee also suggested that the concerned public representative should be reinstated if acquitted by the court, discharged from the case, or if the prosecution fails to complete legal proceedings within a prescribed time frame.
To prevent misuse of the proposed law, the committee recommended that the provision should apply only to offences carrying a minimum punishment of five years or more. It also proposed the establishment of fast-track judicial proceedings in cases involving constitutional office-bearers to ensure timely disposal and avoid prolonged uncertainty.
The Constitution (130th Amendment) Bill was introduced by Union Home Minister Amit Shah with the objective of ensuring that individuals facing prolonged judicial custody in serious criminal cases do not continue to hold executive positions. The Union Government has maintained that the proposed legislation is intended to strengthen constitutional accountability, transparency and public confidence while safeguarding democratic institutions.
Opposition parties have, however, strongly opposed the proposal, arguing that it could undermine the federal structure and constitutional principles. They contend that elected representatives should not be compelled to relinquish executive office merely on the basis of judicial custody before any conviction by a court of law, warning that such a provision could be vulnerable to political misuse.
Following the postponement, the Joint Parliamentary Committee is expected to meet again to finalise its recommendations before submitting the report to the Government and Parliament. Even after the report is adopted, the proposed constitutional amendment will require approval by a two-thirds majority in both Houses of Parliament before it can become law.(KNC)