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'Accused vs Convicted'. Why Opposition Is Against Bills To Remove PM, CM from Post
ABP Live News | August 20, 2025 6:11 PM CST

Parliament is set to witness a stormy debate as the government prepares to introduce three bills that could see a Prime Minister, Chief Minister, or state minister automatically removed from office if they remain in judicial custody for 30 consecutive days. The legislation, to be tabled by Home Minister Amit Shah, has ignited sharp criticism from opposition parties, who warn it could destabilize states ruled by non-BJP parties.

Accused vs Convicted: Key Difference

Let’s know the basics first: an accused is suspected of a crime but presumed innocent until proven guilty, while a convicted person has been found guilty by a court. Critics of the new PM/CM removal bills argue that treating accused officials as automatically removable blurs the line between suspicion and proven guilt. This difference is central to debates over the new bills allowing the removal of a Prime Minister, Chief Minister, or minister after 30 days in custody, as critics argue that treating accused officials as automatically removable blurs the line between suspicion and proven guilt, potentially undermining the principle of “innocent until proven guilty.”

Opposition Voices Strong Concerns

Congress MP Abhishek Manu Singhvi called the bills “the best way to destabilise opposition,” tweeting: "Wht a vicious circle! No guidelines for arrest followed! Arrests of opposition leaders (are) rampant and disproportionate… New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!"

Singhvi also highlighted the risk of misuse by central agencies:

"Best way to destabilise opposition is to unleash biased central agencies to arrest opposition CMs and, despite being unable to defeat them electorally, remove them by arbitrary arrests."

Congress Lok Sabha Deputy Leader Gaurav Gogoi echoed these concerns, saying:

"The bills were nothing but a desperate attempt to divert the attention of the public away from the blistering Vote Adhikar Yatra of Leader of Opposition in Lok Sabha Rahul Gandhi. First, the CSDS-BJP IT cell drama and now these bills. Clearly, the winds of change are blowing in Bihar."

Trinamool Congress Joins the Criticism

TMC MPs also voiced strong objections. One MP, Gokhale, said:

"When vote-chori is exposed, Modi-Shah are looking for new tricks. A new bill is being brought today to allow the CBI and ED to directly topple state governments for the BJP."
He added:

"A person is a criminal only when convicted by a court of law. Until then, they are merely an 'accused'. You cannot remove a CM or minister based on mere accusation. Arrest by Modi-Shah's central agencies is not proof of guilt." "In the last 11 years, there have been zero arrests of Union or State ministers from the BJP. All arrests have targeted opposition leaders," he said.

"Opposition predictions come true – Constitution being changed by BJP with only 240 MPs. The new bill bypasses both the federal structure and the judiciary. The Union government can now use the ED and CBI to arrest an elected opposition CM on fabricated charges and remove them without a court conviction."

TMC Rajya Sabha Leader Derek O'Brien criticized the timing of the move: "In the dead of night, more stunts from the shaky 239-seat Modi coalition as they look for more ways to mock and disrupt Parliament."

What Are the Bills That Could Remove PMs and CMs?

The three bills—Constitution (130th Amendment) Bill, Government of Union Territories (Amendment) Bill, and Jammu and Kashmir Reorganisation (Amendment) Bill 2025—introduce sweeping changes:

  • Any Prime Minister, Chief Minister, or minister in judicial custody for 30 days for an offense punishable with five years or more can be automatically removed.
  • The legislation applies to Union Territories and Jammu & Kashmir under their respective frameworks.
  • Officials can be reappointed by the President or governor after release from custody.

Currently, ministers can retain office even while under arrest. The Representation of the People Act only disqualifies MPs or MLAs upon conviction, creating a legal grey area that these bills seek to address.

Similar provisions are being applied to Jammu & Kashmir and Union Territories, which operate under separate legislative frameworks.

Why Has the Centre Introduced These Bills?

Currently, there is no legal bar preventing ministers from retaining office after being arrested. The Representation of the People Act only disqualifies MPs and MLAs if convicted of offenses carrying a sentence of two years or more.

The issue has gained attention due to past controversies. Last year, Delhi Chief Minister Arvind Kejriwal spent six months in jail in a liquor policy case but continued running the government from prison until his release. In Tamil Nadu, Minister V. Senthil Balaji, arrested in a money laundering case, was retained in the Cabinet without portfolios by Chief Minister M.K. Stalin, sparking a public clash with the Governor.

Supreme Court and Legal Concerns

Opposition leaders argue the bills circumvent the principle of “innocent until proven guilty.” The Supreme Court has already criticized central agencies like the ED, with Chief Justice BR Gavai warning they must act within legal boundaries and not engage in “political battles.”

"This is only a diversionary tactic. This is a draconian law. This is not going to be passed by the Parliament. They want to divert the attention from electoral fraud and Bihar Yatra...They are trying to constitutionalise vendetta politics."

"I would like to tell you that there is a big difference between accused and convicted in the law. You are erasing that. After you have commented on ED, CBI and IT, which is the best court of justice, your intention becomes clear. That where you will not be able to form a government, you will not be able to win elections, topple it there. And the third thing, I feel that the Home Minister wants to get rid of some traitors of his own party. Thank you."

Congress MP K.C. Venugopal also called for accountability in the Delhi CM attack: "It is the failure of the Home Ministry. It should be investigated properly."

Lok Sabha Erupts Over Controversial Bills

The Lok Sabha erupted on Wednesday as the government introduced three bills—the Constitution (130th Amendment) Bill 2025, Government of Union Territories (Amendment) Bill 2025, and Jammu and Kashmir Reorganisation (Amendment) Bill 2025—which could automatically remove a PM, Union Minister, CM, or State/UT Minister if jailed for 30 consecutive days on serious charges. Opposition parties protested vigorously, chanting “Bill waapis lo!” as tensions soared in the House.

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