Overview of the 130th Amendment Bill
The 130th Amendment Bill is positioned as a measure to reinforce morality in public life by enabling the removal of the Prime Minister, chief ministers, or other ministers who are arrested and detained for 30 days.
Key Issues with the Bill
- The Bill challenges the legal principle of assuming innocence until proven guilty.
- Low conviction rates, particularly 37% under the Prevention of Corruption Act, undermine the Bill's intent.
Pragmatic Concerns
Ministers being in custody is not just an ethical issue but a practical one due to prison restrictions:
- Prisoners have limited access to family and legal advisors, affecting governance.
- Communication is hindered as letters to MPs or MLAs must route through the prison superintendent.
Concerns Over Political Weaponization
There is a fear the Bill could be misused against state ministers and chief ministers:
- Investigations by police and agencies may be prolonged due to inefficiency or political motives.
- Ensuring a minister is jailed for 30 days is feasible under current conditions.
Judicial Observations and Recommendations
- The judiciary needs to protect detainees' rights effectively.
- As emphasized by the Supreme Court, the bail should be routine for non-flight-risk individuals,
- The principle "bail is a rule and jail is an exception" should guide judicial practices.
Conclusion and Broader Implications
Using punitive measures to enforce public probity may not lead to improved governance standards. Instead, proactive judicial measures and ethical practices within the political sphere are suggested paths forward.
