The Question Is...Will the Centre Use 'Criminal Netas' Bill to Clean Politics or Destablise Opponents?
Dear Reader,
Parliament saw something extraordinary this week: the government tabled a Bill that would allow it to remove any Chief Minister, state cabinet minister, or Union minister who spends more than 30 days in jail.
Here’s the mechanism: if a minister is in custody for 30 consecutive days in a case carrying charges punishable by at least 5 years, they must quit the post.
On the surface, it looks like a morality law. Who doesn’t want politicians to be clean and spotless? But the reality is right before us to see.
Since 2014, there has been a four-fold rise in ED cases against politicians. Of those, 95% target the Opposition. And when you examine recent arrests — Arvind Kejriwal, Manish Sisodia, Satyendar Jain in Delhi; Hemant Soren in Jharkhand; Nawab Malik and Anil Deshmukh in Maharashtra; Senthil Balaji in Tamil Nadu; Partha Chatterjee and Firhad Hakim in Bengal — a clear pattern jumps out: it is Opposition leaders who end up behind bars.
Meanwhile, the government pitches this Bill as a step towards constitutional morality and good governance. But our Constitution already lays down how ministers are appointed and removed. Article 164(1) of the Constitution and several Supreme Court judgments make the Governor’s decisions contingent on the “aid and advice” of the Council of Ministers. And Indian democracy rests on a foundational principle: innocent until proven guilty.
This isn’t just a legal technicality. It The burden of proof lies with the State, not the accused. A person behind bars may be awaiting trial for years, sometimes decades, without a conviction. Wrongful arrests are not rare — they happen every day in India. Add to that politically motivated investigations, selective leaks, and a trial by media that often pronounces someone guilty before a judge even hears the case.
The Question Is: in a system where politically motivated arrests are routine and wrongful convictions are not uncommon, is this Bill really about cleansing politics — or about arming the Centre with a weapon to topple rival governments?
Govt Wants Powers to Remove CMs, Ministers Jailed for Over 30 Days. What Does This Mean?
Because let’s be honest: every ruling party has used investigative agencies against its opponents. Congress did it in the past; the BJP does it today. But never before has the Prime Minister sought a constitutional lever to decide who can or cannot remain in power. That strikes at the heart of India’s federal structure.
The Question Is: in an India where politics thrives on vendetta and survival, can words like “ideal” and “morality” even be used without irony?
Why Constitution Amendment Bill is a Direct Assault on Parliamentary Democracy
This Bill isn’t just another amendment. It’s a test of how far the executive can stretch its power, and how much the opposition — and the people — will push back.
Warmly,
ESHWAR,
Associate Editor
The Quint
SPECIAL INDEPENDENCE DAY DISCOUNT — GET 20% OFF ON PREMIUM MEMBERSHIP
We strive to keep the tri-colour flying high with truth, liberty and integrity. Embark on this journey of upholding the nation with meaningful journalism by becoming a member of The Quint!* Get 20% off on our Premium Membership today.
*Already a member of The Quint? What a star! Your support empowers us in our mission to question everything.
Want us to cover a story? Write to us at editor@thequint.com or reply to this email.