JPC Proposes Changes to Bill on Removing PM and CMs Over Judicial Custody
According to the JPC's recommendations, if a PM, CM, or minister is held in judicial custody for 30 days, they will be temporarily removed from their executive post on the 31st day, rather than facing permanent removal. If they do not resign by the 31st day, they will be deemed removed from the Council of Ministers. However, if they are subsequently acquitted, discharged, or if the prosecution drops the charges within a stipulated timeframe, they can be reinstated to their positions. Crucially, while they will lose their ministerial berths, their membership as MPs or MLAs will remain intact unless they are specifically disqualified under the Representation of the People Act.
To limit the bill's scope and prevent political vendettas, the committee suggested that this provision should only apply to serious criminal offenses carrying a potential sentence of five years or more. They also proposed setting up fast-track or special courts for the rapid hearing of such cases.
### Constitutional Implications and Next Steps
The JPC has recommended amendments to Articles 75, 164, and 239AA of the Constitution. These changes will also apply to the Jammu and Kashmir Reorganisation Act, 2019, and the Government of Union Territories Act, 1963 (Puducherry). The proposed changes do not alter existing criminal laws, the presumption of innocence, or Articles 102 and 191 regarding the disqualification of MPs and MLAs.
The JPC is expected to formally pass its report during its meeting on July 17. Following this, the Modi government is likely to clear the revised bill through the cabinet and introduce it in the upcoming Monsoon Session of Parliament, starting July 20. However, the government faces an uphill battle; most opposition parties have boycotted the bill and refrained from nominating members to the JPC. Passing this legislation will require a two-thirds majority in both houses of Parliament, as it involves a constitutional amendment.
