Amit Shah Defends Law on Sending PM, CM to Jail, Sets 30-Day Bail Window

National News: Union Home Minister Amit Shah has strongly defended the proposed constitutional amendment bill that seeks to remove the Prime Minister, Chief Ministers, or ministers from office if they face serious criminal charges. Speaking in an interview with news agency ANI, Shah clarified that the bill is aimed at strengthening democracy and ensuring accountability in governance. He said that no leader should be allowed to run a government from jail. “If any Prime Minister, Chief Minister, or minister is caught in a serious case, he will have to vacate his position. If bail is granted within 30 days, he can resume office. But running a government from behind bars is unacceptable in a democracy,” Shah stated.

Opposition Criticism ‘Against Democracy’

Targeting the opposition, Amit Shah expressed disapproval of their decision to block the bill from being introduced in Parliament. He stressed that Parliament exists for debate and discussion, not for disruption. “If the elected government presents a bill or constitutional amendment, why should there be an objection to even placing it before the House? Blocking its introduction is against the spirit of democracy,” he said.

He further clarified that the bill would be referred to a joint parliamentary committee for deeper scrutiny. Since it involves a constitutional amendment, its passage will require a two-thirds majority in both Houses. “Whether the government enjoys such majority or not will be clear at the time of voting,” Shah explained.

Bail Provision and Judicial Oversight

Explaining the provisions, Shah highlighted that the amendment includes a clause allowing leaders a 30-day window to secure bail. He argued that this period is fair, as courts typically hear bail applications promptly. If the charges are false, he added, the higher judiciary – the High Court or Supreme Court—would intervene.

“The judiciary is not sitting idle. If the case is fabricated, the courts will take cognizance. But if bail is not granted, then the person concerned must step down. This is necessary for the dignity of democracy,” Shah said.

He also clarified that only those facing charges with punishment above five years will be required to resign. Leaders accused of minor or frivolous charges will not be targeted.

Constitutional Spirit and Equal Rules

Referring to provisions already present in the Representation of People Act, Shah noted that any elected representative sentenced to two years or more loses membership of the legislature. The new proposal, he said, builds upon the same principle to prevent misuse of power by leaders facing serious charges.

Importantly, Shah underlined that the 130th constitutional amendment, proposed by Prime Minister Narendra Modi, even covers the office of the Prime Minister. “If the Prime Minister goes to jail, he too will have to resign. This proposal has been brought forward by the Prime Minister himself, which reflects democratic accountability,” he emphasized.

Purpose of the Bill

Shah dismissed the opposition’s argument that the 30-day bail clause is too long. He said that the intent of the amendment is not to prematurely oust leaders before conviction but to safeguard democracy and ensure that those accused of grave crimes do not misuse their position. “The purpose is simple—no government should be run from jail. Accountability must apply equally to all, whether from the ruling party or the opposition,” Shah concluded.