PM, CM or any leader… if he stays in jail for more than 30 days, he will lose his position, the government will present a bill in Parliament today

You must have heard people saying that if PM, CM or a minister commits a crime, then what can anyone do to them. It has been seen many times that even after being arrested in serious cases, the ministers stick to their chair and are not ready to leave the post. Now for such leaders, the 130th Constitution Amendment Bill is going to be presented in the Parliament, which states that if any serious criminal allegation is leveled against a minister or the Prime Minister himself and he is taken into custody, then his chair will be lost immediately. Let us understand this entire bill and know how it will work.

Will the opposition not have to ask for resignation?

Whenever any allegation is leveled against a minister of any government, the opposition first demands resignation, now after the introduction of this bill, this work of the opposition will also almost end. That is, if the leader has committed a crime and the police arrests him, then his status will also be taken away immediately. This rule will be applicable to the Prime Minister, Union Minister and Chief Minister or Minister of the states.

Regarding this bill, Home Minister Amit Shah said that this bill is necessary to maintain good governance and constitutional values. He said that a minister who is arrested on charges of serious crimes, if he remains in office, it can be a threat to constitutional values and good governance.

When will resignation have to be given?

• This rule of removal will be applicable in cases where the sentence is five years or more.
• If the minister or CM does not get bail for 30 days, then he will have to resign immediately.
• If he does not resign even after 30 days of being arrested, then on the 31st day he will be considered removed from the post.

These leaders did not resign

In the past, many such cases were seen in which a minister or Chief Minister did not resign even after being arrested. The same was seen in Delhi, when former Delhi CM Arvind Kejriwal, former Deputy CM Manish Sisodia and Minister Satyendra Jain did not resign even after being arrested. Now if this bill is passed, then the minister or Chief Minister cannot remain in his post after arrest.

The Supreme Court has also ordered the removal of ministers in many such cases. The Supreme Court recently directed Tamil Nadu minister Senthil Balaji to step down from his post. During this, the court had said that a minister who is arrested on charges of serious crimes is not eligible to remain in office.

Will the bill be sent to JPC?

It has been told that this bill to be presented in Parliament can first be sent to the Joint Parliamentary Committee (JPC). In which the opinion of all the opposition parties will also be taken. After being sent to JPC, this bill can be passed by the Parliament and then it will become a law for the ministers. That is, it may take a few more months. At the same time, the opposition parties have said that they will oppose it.

Will get the post back too

Now some people may feel that due to political reasons or due to false allegations, the minister can get into trouble and go to jail. In such a case, it would be unfair to remove them from their posts, but this bill also has a provision that the President or Governor cannot stop such Prime Ministers, Chief Ministers or Ministers from being re-appointed after being released from custody. That is, the ministerial post can be taken back after release.

What is the provision now?

So far, there was no restriction on ministers continuing in their posts even after their arrest. That is, they cannot be removed from their posts until they are convicted. However, if the Supreme Court gives an order, it is necessary to follow it. In politics a few years ago, it was seen that after serious allegations or arrest, the minister or chief minister would immediately resign, however, now this tradition has changed and many ministers continue in their posts even after this. They cite the political conspiracy against them as the reason behind this.