The legislative majority of the party in office — as well as the democratic mandate — remains unaffected by the bills, MHA said
NEW DELHI: The home ministry has rejected the opposition’s charge that its anti-corruption bills undermine federalism and are aimed at destabilising state govts run by BJP’s rivals, asserting that the provisions seek the removal from office of an accused who remains under arrest for 30 consecutive days while keeping the person’s legislative membership intact, thereby ruling out any impact on a govt’s stability.As the legislative majority of the party in office remains unaffected and any other member of the same party can replace the minister removed from office, the democratic mandate is “absolutely unaffected” by these bills, the MHA told a parliamentary committee scrutinising the proposed laws. The bills propose the automatic removal from office of the PM, CMs or ministers if they remain in custody for 30 consecutive days on serious criminal charges, sources said.A PM, chief minister or minister holds an executive position that impacts national or state affairs, and prolonged detention impedes their ability to fulfil these roles effectively, potentially leading to governance paralysis, the ministry said, justifying the intent of the bills.The joint committee of Parliament, headed by BJP parliamentarian Aparajita Sarangi, had flagged a host of issues raised by various stakeholders, including opposition parties, in its communication to the MHA, which responded to them. Responding to the claim that automatic removal from office would undermine the popular will expressed through elections, the ministry said the mandate is neither absolute nor unconditional, as the Constitution provides several accountability mechanisms that can lead to a change in leadership without fresh elections.The party or coalition in office retains the opportunity to elect a new leader who commands majority support, it said.”Far from negating popular will, the provision protects it by ensuring that governance remains effective and trustworthy, preventing a situation where a leader unable to appear before the House or discharge official functions continues in office indefinitely,” the ministry said.The committee is likely to adopt its report in the coming days and table it in the Lok Sabha during the Parliament’s monsoon session, beginning July 20.
