NEW DELHI, July 12: A parliamentary panel examining the 130th Constitution Amendment Bill has recommended that the Prime Minister, Union ministers and chief ministers facing prolonged detention in serious criminal cases should be suspended from office instead of being permanently removed.
The Joint Committee of Parliament has proposed that if a constitutional functionary remains in custody for 30 consecutive days on charges of serious offences, the provision should lead to suspension on the 31st day rather than automatic removal.
The panel has also recommended an automatic reversal clause, under which the suspension would end if the person is acquitted or if prosecution proceedings do not move forward within a specified timeframe.
The recommendations come amid strong opposition criticism of the Bill, which was introduced last August and originally proposed automatic removal of the Prime Minister, ministers or chief ministers if they failed to resign after 30 days of detention.
Opposition parties had criticised the legislation, alleging it could be used to destabilise elected governments. Several opposition members had also opted out of the committee examining the Bill.
In its report, expected to be adopted this week, the panel suggested replacing the term “removal” with “suspension”, stating that ministers facing specified criminal charges should remain suspended until the conclusion of legal proceedings.
The committee defined “serious criminal offences” as those punishable with imprisonment of five years or more and recommended a separate schedule listing such offences.
It also proposed that cases involving senior constitutional authorities be heard by fast-track or special courts in line with directions issued by the Supreme Court.
The Bill aims to ensure that governments are not operated from jail. If the recommendations are accepted, the Ministry of Home Affairs will place the proposed amendments before the Union Cabinet before introducing them in Parliament.
