NEW DELHI: India’s government has introduced legislation that would remove top politicians from ministerial positions if they face arrest and detention for 30 days on serious criminal charges.
Opposition parties have condemned the proposed law as a chilling attempt to undermine constitutional protections and target political rivals.
Several prominent opponents of Prime Minister Narendra Modi have faced criminal investigations or trials in recent years, including two state chief ministers last year.
Arvind Kejriwal, the former chief minister of Delhi, spent several months in jail on accusations that his administration received kickbacks from liquor license allocations.
He denied any wrongdoing and characterised the charges as a political witch hunt by Modi’s Bharatiya Janata Party government.
Jharkhand state Chief Minister Hemant Soren, also from the opposition, was arrested and jailed on corruption charges in February 2024, accusations he also denies.
Indian Home Minister Amit Shah, who introduced the bill, stated that the government wanted the “value of ethics to increase”.
The legislation would force politicians out of ministerial posts if detained for one month and accused of offences carrying jail terms of five years or more.
India’s Association of Democratic Reforms calculated that almost half of the 543 elected national lawmakers had criminal cases against them.
Of those 215 cases, 170 faced serious charges including rape, murder, attempt to murder, and kidnapping.
“We cannot be so shameless that we face accusations and still remain in a constitutional position,“ Shah told parliament.
John Brittas of the Communist Party of India-Marxist warned that “in an era marked by vindictive politics, where central agencies are deployed against opposition leaders, the provisions will be misused for ulterior motives”.
West Bengal state Chief Minister Mamata Banerjee called the bill a “chilling attempt to establish a rule where judicial scrutiny is silenced, constitutional safeguards are dismantled, and the people’s rights are trampled”.
“This draconian step comes as a death knell for democracy and federalism in India,“ said Banerjee, who is also from an opposition party.
US think tank Freedom House said last year that Modi’s BJP had “increasingly used government institutions to target political opponents”. – AFP