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​Lawfare politics: On the bills for political probity

22 Aug 2025
2 min

Overview of Proposed Legislative Changes

The Centre has introduced three bills, including a constitutional amendment, aimed at enhancing the probity and accountability of Prime Ministers, Chief Ministers, and Ministers.

  • Officials will lose their positions if detained for an offence punishable with imprisonment of five years or more.
  • They may return to their posts upon acquittal.

Concerns and Implications

There is skepticism regarding the true intent of these proposals, with concerns about centralization of power:

  • The Opposition and legal experts argue that the proposals could concentrate power in the Centre's hands.
  • The claim of equal applicability to the Prime Minister is seen as weak since investigative agencies are under central control.
  • Pattern observed: Central agencies targeting the Opposition while sparing those aligned with the ruling party.
  • The current pattern of selective enforcement by agencies like the Enforcement Directorate and CBI raises questions.

Judicial and Political Ramifications

There are significant ramifications for justice and political dynamics:

  • Potential misuse of power against political rivals.
  • Harsh legal provisions make obtaining bail difficult, affecting personal liberty.
  • The political character of corruption prosecutions has become apparent.

Federalism and Legal Standards

The proposals present challenges to federal principles and legal norms:

  • Risk of violating federal principles due to application mainly to state/union territory governments.
  • Investing state governors with veto power could disrupt legislative decisions.
  • New proposals could lead to removal from office without a fair trial, contradicting "innocent until proven guilty" tenets.
  • Current laws already govern removal of officials post-conviction, making new proposals redundant.

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