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.