Overview of the Constitution (130th Amendment) Bill
The Constitution (130th Amendment) Bill was tabled by Union Home Minister in Parliament. This bill aims to impose a rule where a minister under custody for 30 consecutive days due to serious offences should cease to hold office until release. It is presented as a measure to uphold accountability and integrity in the political sphere, aligning with Prime Minister's vision of a corruption-free governance system.
Key Provisions and Rationale
- Objective: To ensure that individuals in power do not misuse public office as protection against serious judicial scrutiny.
- Impact: The bill is designed to institutionalize clean leadership by temporarily removing ministers under serious judicial consideration from office.
- Ethical Standards: The bill seeks to restore public trust and accountability, emphasizing the need for constitutional morality as envisioned by B R Ambedkar.
Judicial Endorsements and Legislative Framework
- Supreme Court's Observations: The amendment addresses gaps identified by courts regarding the handling of detained ministers.
- Constitutional Architecture: Builds upon Articles 75(1B), 164(1B), 102, and 191, which deal with disqualification of ministers and MPs/MLAs.
- Manoj Narula vs Union of India (2014): The Supreme Court emphasized the expectation of ministers without criminal antecedents, aligning with this amendment.
Implications and Criticisms
- Balance of Rights and Public Interest: The bill allows for temporary removal without undermining the presumption of innocence.
- Political Misuse Concerns: Critics worry about potential misuse; however, the bill's provisions are safeguarded by judicial scrutiny.
- Uniform Application: Applies to all parties and includes the Prime Minister's office, ensuring no shelter for tainted leaders.
Conclusion
The 130th Constitution Amendment Bill is a significant step toward clean governance by compelling ministers to step aside during prolonged judicial custody. It reflects the Constituent Assembly's vision and aligns with the call for propriety by the Supreme Court. The bill is not targeted at any individual or party but serves as a mirror for raising the moral standards of governance in India.