Congress to oppose Bill seeking removal of ministers jailed for 30 days

If approved by the Union Cabinet, the Bills could be introduced during the upcoming session

PM Narendra Modi and Union home minister Amit Shah
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NH Digital

The Congress on Sunday said it would strongly oppose in Parliament a proposed Constitution amendment Bill that seeks the removal of the prime minister, chief ministers and ministers who remain in judicial custody for 30 consecutive days in serious criminal cases, alleging that the legislation could be used to target political opponents.

The opposition party's remarks came days after sources said a Joint Parliamentary Committee (JPC) examining the proposed legislations is likely to adopt its report on 17 July before submitting it in the Lok Sabha during the Monsoon Session of Parliament, which begins on 20 July.

If approved by the Union Cabinet, the Bills could be introduced during the upcoming session.

Congress general secretary (communications) Jairam Ramesh alleged that the proposed legislation was designed to facilitate the "political harassment" of opposition leaders.

He also expressed confidence that the government would not be able to secure the two-thirds majority required to pass the Constitution amendment Bill.

"The Bill states that if a minister is in jail for 30 consecutive days for a criminal offence punishable by more than five years, then on the 31st day, he or she will be dismissed. This is extraordinary. Court proceedings are still going on. In India, you are presumed innocent until proven guilty," Ramesh told PTI Videos.

Referring to central investigative agencies, he alleged that the legislation could be used as an instrument of "political vendetta" and "political vengeance".

"This is to ensure political harassment of your adversaries," he said.

Claims on numbers in Parliament

Ramesh also claimed the Centre lacked the numbers to pass both the proposed Bill on the removal of ministers and the Constitution amendment Bill relating to delimitation for implementing women's reservation.

"They may try to reintroduce it during the Monsoon Session. We are going to oppose it. We are also going to oppose the delimitation Bill," he said.

He referred to the defeat of the Constitution amendment Bill relating to women's reservation and delimitation in the Lok Sabha on 17 April, claiming the government had failed to secure the required two-thirds majority.

According to Ramesh, Home Minister Amit Shah had since attempted to engineer splits in opposition parties to improve the government's numbers in Parliament.

"He split the TMC and the Shiv Sena (UBT). Those splits are a challenge for us and a setback for the opposition. But our unity and solidarity continue," he said.

"I say with confidence that Amit Shah and Narendra Modi will not get the two-thirds majority if they try to push the 130th Constitution Amendment Bill on the dismissal of ministers and the delimitation Bill."

JPC likely to adopt report

According to sources, the JPC, headed by BJP MP Aparajita Sarangi, is expected to adopt its reports on the Constitution (130th Amendment) Bill, the Jammu and Kashmir Reorganisation (Amendment) Bill and the Government of Union Territories (Amendment) Bill at its meeting on 17 July.

The committee has consulted constitutional experts, retired judges, lawyers, bar association representatives, government officials and political leaders during its deliberations.

Sarangi had earlier said there was a broad consensus within the committee on the need to decriminalise politics.

Several opposition parties, however, boycotted the panel's proceedings, arguing that the proposed legislation violates the principle that an accused person is presumed innocent until proven guilty. They have also alleged that the Bills could be used to destabilise governments led by non-NDA parties by mandating the automatic removal of ministers unable to secure bail within 30 days of arrest in serious criminal cases.

The 31-member committee includes NCP-SP MP Supriya Sule, AIMIM MP Asaduddin Owaisi and YSRCP MP S. Niranjan Reddy as its only opposition members, with the BJP and its allies holding a majority.

Union Home Minister Amit Shah introduced the three Bills in the Lok Sabha in August 2025 before they were referred to the Joint Parliamentary Committee.

The Congress has also alleged that the BJP's pursuit of a two-thirds majority in the Lok Sabha is aimed at enabling further constitutional amendments, including those relating to delimitation and reservation.

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