Stakeholders: PM, CMs removal clause 'unconstitutional'
A parliamentary committee is reviewing a contentious anti-corruption bill that proposes removing high-ranking officials like the PM and CMs if they are in custody for 30 days. Stakeholders argue the clause is unconstitutional as it lacks a judicial finding of guilt, leading the committee to consider replacing 'removal' with 'suspension' and adding sunset clauses.
Why it matters
This legislation addresses the balance between administrative accountability and the protection of elected officials from politically motivated legal actions.
NEW DELHI: As a key parliamentary committee gets down to adopting recommendations on a contentious anti-corruption bill, its draft report has acknowledged that an "overwhelming majority of stakeholders" have found the clause of removing the PM, CMs or ministers from office if they are in custody for 30 consecutive days "constitutionally problematic" as it is delinked from any judicial outcome of culpability.One of the recommendations made in the draft report is that the bill carry a sunset or an automatic reversal clause that states the barring of the person from holding office will lapse upon his discharge or if the prosecution fails to proceed with the case within a defined period, sources said.
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