The 130th Constitution Amendment Bill in India: A Critique

• The Bill, referred to as the Joint Parliamentary Committee, is a response to political corruption and aims to prevent Ministers from running governments from jail.

• The Bill primarily relies on the power of arrest, which has been criticized as potentially politicizing it.

• Opposition has deemed the Bill “unconstitutional” as it could potentially bring down elected governments.

• The Bill proposes that Ministers arrested for serious offences punishable by imprisonment of five years and above, and incarcerated as undertrials for 30 days, would lose office either by default or on the order of the President/Governor.

• The Bill does not specify who would be arrested and under what laws, implying that arrests would be made under any law for the time being in force.

• Supreme Court judgments have cautioned against incentivising arrest, stating that arrests can bring humiliation, curtail freedom, and cast lasting scars.

• The Supreme Court has emphasized the need to balance the enforcement of criminal law with preventing targeted harassment.

• The Bill comes at a time when the Supreme Court has been critical of arrests and incarcerations under the anti-money laundering law, citing “poor conviction rates” among the Central agency.

130th amendment bill analysis is important topic for Civil service exam (WBCS).

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