Flawed Bills: Fair legislation a must to oust tainted ministers

IT’s no surprise that the three Bills introduced by Home Minister Amit Shah in the Lok Sabha on Wednesday ran into rough weather right away. The Opposition tore the Bills apart, literally as well as metaphorically, describing them as ‘draconian’, ‘unconstitutional’ and ‘diversionary’. There is no doubt that the conduct of Central and state ministers — including the Prime Minister and chief ministers — should be beyond suspicion. However, the contentious proposal to remove a tainted minister — who has been arrested and detained in custody for 30 consecutive days for offences that attract a jail term of at least five years — is fraught with dangerous consequences. It strikes at the heart of parliamentary democracy and constitutional federalism.

The Bills, now referred to a Joint Committee of the two Houses, presuppose guilt at the arrest and detention stage — even before the trial has begun. This is quite problematic with regard to Central probe agencies such as the CBI and the ED, which continue to be under judicial scrutiny for alleged overreach. Last year, in his judgment granting interim bail to then Delhi CM Arvind Kejriwal in a case related to the liquor policy ‘scam’, Justice Ujjal Bhuyan of the Supreme Court had said: “It is imperative that the CBI dispel the notion of being a caged parrot.” Recently, the apex court told the ED that it should not act like a ‘crook’. Such scathing observations have dented the credibility of these premier agencies, even as Opposition parties have repeatedly accused the Centre of misusing them.

The Joint Committee will find it tough to build consensus on the Bills, which must have adequate checks and balances. There is a dire need to look at ways to ensure that erring ministers don’t cling on to their chairs. A fair, time-bound probe and an expedited trial are a must to prove their guilt or innocence. A legal framework for morality in politics should have firm legs to stand on: it must not be based on mere suspicion or political vendetta.

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