Experts Warn of Political Risks in Bill Allowing Removal of PMs and CMs

New Delhi: Legal experts and think tanks have raised concerns over a proposed anti-corruption bill that allows the Prime Minister, Chief Ministers, or ministers to be removed from office after 30 days of arrest on serious criminal charges. Representatives from the Law Center for Legal Policy, National Law University (NLU) Odisha, and National University of Juridical Sciences (NUJS), Kolkata highlighted potential loopholes before a joint parliamentary committee.

Experts warned that the bill could become a tool for political vendetta, particularly against high-ranking officials, and may contravene the will of the people. Two of the institutions suggested that removal from office should be tied to the confirmation of charges, introducing a judicial safeguard into the process. The Law Center also cautioned that certain provisions of the bill could face legal challenges in courts.

Concerns Over Political Misuse
While acknowledging that the bill’s intent aligns with constitutional principles, experts pointed out that established democracies typically tie the removal of ministers to judicial convictions, unlike the proposed legislation which sets a 30-day arrest limit—shorter than existing laws allowing 90 days of police custody for serious offenses.

NUJS emphasized that although the bill aims to curb political corruption, it risks destabilizing both central and state governments, potentially halting policymaking. NLU warned that the process could evolve into a “power-change campaign”, where central and state agencies might take retaliatory actions against ministers across levels of government.

The Law Center highlighted that the framework creates a risk of selective or timed arrests, which could be politically exploited. Opposition parties could leverage such provisions to destabilize legitimate governments, undermining democratic stability. Even though the bill targets offenses punishable with five years or more in jail, many serious crimes—including corruption—carry sentences shorter than five years, potentially leaving gaps in enforcement.

Government’s Stance
The government supports the bill, citing instances where ministers, and even Chief Ministers—such as Delhi’s Arvind Kejriwal—remained in office despite prolonged incarceration on corruption charges. However, the government has agreed to refer the bill to a parliamentary panel for further discussion. The panel is chaired by BJP MP Aparajita Sarangi, with most opposition parties refusing to participate.