The New Constitution Bill: Need for a Balancing Act
• Introduced in the Lok Sabha on August 20, 2025, the Bill mandates resignation or removal of Ministers, Chief Ministers, and the Prime Minister for consecutive 30 days in custody for crimes punishable by five years or more.
• The Bill’s foundation is based on Articles 75, 164, and 239AA of the Constitution.
• The Supreme Court of India has emphasized the role of constitutional morality and legal propriety in ministerial appointments.
• The Bill’s ambition may undermine the principle of presumption of innocence.
• The Bill’s reliance on executive discretion politicizes the process and risks embedding accountability in political calculation.
• The “revolving door” problem could lead to cycles of resignation and reinstatement, weakening governance.
• A more nuanced model could serve the constitutional goal of clean politics without eroding democratic safeguards.
• An independent review mechanism could be established to examine conditions for removal.
• The Bill should apply only to offences involving moral Turpitude and corruption.
New Constitution Bill analysis is important topic for Civil service exam (WBCS).
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