NEW DELHI: On Wednesday, a parliamentary committee deliberated on whether opposition parties, which have declined to participate in the panel formed to examine a bill focused on the “decriminalisation” of politics, should be invited to provide their opinions on the proposed legislation. The committee also discussed if the leader of the opposition could be removed from office under the bill’s provisions.
As per a report in TOI, Dinesh Maheshwari, chairperson of the Law Commission of India, was among the prominent individuals who presented their views to the Joint Committee of Parliament reviewing the Constitution (130th Amendment) Bill and two associated bills. These bills propose the removal from office of the Prime Minister, Chief Ministers, and ministers if they are detained for 30 days or more on serious criminal charges.
According to sources, a BJP Member of Parliament raised concerns about a situation where the ruling party might not appoint a replacement for the Prime Minister or Chief Ministers if they are removed due to detention. The MP suggested that amendments should be introduced to address this gap to prevent governance disruption, particularly during crises at the national or state level. The proposal included legally empowering the President or state governors to exercise discretion in appointing replacements if the ruling party fails to do so.
Most opposition parties, including the Congress, have refused to join the committee, which is chaired by BJP’s Aparajita Sarangi, criticizing the bill as unconstitutional and politically driven. The committee currently includes only two opposition MPs: Supriya Sule from the Nationalist Congress Party and Asaduddin Owaisi from AIMIM.
When one member proposed inviting opposition parties to share their views on the bill, several MPs questioned this, noting that the opposition had disregarded repeated invitations from Lok Sabha Speaker Om Birla to participate in the panel. Some members also raised questions about whether the leader of the opposition could be removed under the bill’s terms.
While leaders of opposition in Parliament and state assemblies receive certain government protocols, they are not part of the executive branch and thus are not covered by the current bill provisions.
Sources indicated that both Maheshwari and Sri Krishna Deva Rao, Vice Chancellor of the National Academy of Legal Studies and Research in Hyderabad, supported the bill’s objective of decriminalising politics, alongside various suggestions made by themselves and other committee members.
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