Amit Shah's Three Anti-Corruption parliament Bills Spark Constitutional Battle

Parliament Chaos: Amit Shah's Three Anti-Corruption Bills Spark Constitutional Battle


The final days of Parliament's monsoon session erupted into unprecedented chaos yesterday when Union Home Minister Amit Shah introduced three controversial bills that could fundamentally change how India deals with corruption in high offices. Opposition MPs tore copies of the legislation and hurled them at Shah's feet, marking one of the most dramatic confrontations in recent parliamentary history.


The Storm Hits Parliament Floor

The scene was nothing short of theatrical. As Shah rose to introduce the bills, Trinamool Congress MP Kalyan Banerjee lunged toward the home minister's microphone, triggering a melee that saw BJP ministers rushing to Shah's defense. Papers flew through the air, slogans echoed through the Lok Sabha chamber, and for a moment, India's temple of democracy resembled a battlefield.

But beneath the drama lies legislation that could reshape the country's political landscape forever.


What These Bills Actually Do


The three pieces of legislation – the Constitution (130th Amendment) Bill, the Government of Union Territories (Amendment) Bill, and the Jammu and Kashmir Reorganisation (Amendment) Bill – all serve one primary purpose: automatically removing any minister, chief minister, or even the Prime Minister who remains in custody for 30 consecutive days on serious criminal charges.


Here's how the mechanism works:

- Day 1-30: Minister gets arrested on charges carrying five years or more imprisonment

- Day 31: Automatic removal from office kicks in

- After release: Can be reappointed to any position

The Constitution amendment touches the very heart of India's governance structure, requiring changes to Articles 75, 164, and 239AA. For Union ministers, the President removes them on the Prime Minister's advice. For state ministers, governors act on chief ministers' recommendations. 

But here's the catch – if a Prime Minister or Chief Minister refuses to recommend removal by the 31st day, the minister automatically loses their position anyway.


Government's Moral Mission

"Now, the people of the country will have to decide whether it is appropriate for a minister, chief minister or the prime minister to run the government while in jail," Shah posted on social media platform X, defending the legislation.

The government frames this as a moral crusade. Shah argues that India's Constitution makers "couldn't have imagined that there would be a situation when a political person won't resign after being arrested on moral grounds."

The timing isn't accidental. Recent cases like former Delhi Chief Minister Arvind Kejriwal and Tamil Nadu minister V. Senthil Balaji continuing in office despite arrests have provided political ammunition for this legislative push.


Opposition Cries Foul

The opposition sees something far more sinister at play. 

"This is the best way to destabilise Opposition governments," thundered Congress MP Abhishek Manu Singhvi. "No ruling party chief minister is ever touched. But unleash biased agencies, arrest an Opposition CM, and by the 31st day, he is gone, without a vote, without a trial."

AIMIM chief Asaduddin Owaisi pulled no punches in his formal objection: "This amendment would allow the executive agencies a free run to become the judge, jury and executioner." He argues the bills violate fundamental principles of federalism, separation of powers, and due process.


The opposition's concerns aren't entirely without merit. Over the past decade, central investigative agencies like the Enforcement Directorate and CBI have faced judicial criticism for alleged political bias. In July, Chief Justice of India B.R. Gavai rebuked the ED for being used in "political battles," while another court warned the agency against acting "like a crook."


The Numbers Game

Here's where things get mathematically interesting. The Constitution amendment requires a two-thirds majority in both houses of Parliament, with at least half the members present and voting. The National Democratic Alliance currently lacks these numbers.

For the bills to pass, significant numbers of Opposition MPs would need to abstain or cross party lines – something that appears highly unlikely given the current political temperature. Even NDA allies like the Telugu Desam Party and Janata Dal (United) may hesitate to back such controversial legislation.

This raises a crucial question: why introduce bills you can't pass?


The Perception Game

Political analysts suggest this might be less about immediate legislative success and more about long-term narrative building. By positioning themselves as anti-corruption crusaders while forcing the opposition to defend the status quo, the government may be playing a sophisticated perception game.

The timing is particularly shrewd – introducing the bills on August 20 with the session ending August 21, requiring special permission to bypass normal notice requirements. This tactical move allows the ruling party to claim the moral high ground while putting opponents in defensive positions.


What Happens Next

All three bills have been referred to a Joint Parliamentary Committee for detailed examination. These committees typically have 90 days to submit reports, though deadlines can be extended. Given the constitutional complexity and political sensitivity, expect months of intense scrutiny.


Even if the bills somehow pass Parliament, constitutional challenges are almost inevitable. Legal experts argue they may clash with the Supreme Court's "basic structure doctrine," which protects federalism and separation of powers from parliamentary overreach.


The Bigger Picture

This legislative battle represents more than just procedural reform – it's fundamentally about the balance of power between Center and states, between the executive and judiciary, between political accountability and due process.

India has long struggled with the criminalization of politics. According to Association for Democratic Reforms data, hundreds of MPs and MLAs face serious criminal charges. The question isn't whether reform is needed, but whether these particular reforms serve justice or political convenience.


Looking Ahead

As Parliament's monsoon session concludes, these three bills will likely dominate political discourse for months to come. The Joint Parliamentary Committee's deliberations will be crucial, potentially determining whether this legislation represents a watershed moment in India's fight against corruption or a dangerous precedent for political overreach.

The opposition has already signaled it will challenge the bills at every step. Legal challenges, street protests, and parliamentary battles lie ahead. For a country that prides itself on being the world's largest democracy, the stakes couldn't be higher.

Whether these bills ultimately become law may be less important than the conversation they've started about political morality, constitutional limits, and the price of power in modern India. In a nation where politics and law have often danced an uncomfortable tango, Amit Shah's three bills have certainly changed the music.

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What do you think about these proposed changes to India's governance structure? Are they necessary reforms or dangerous overreach? Share your thoughts in the comments below and subscribe to our newsletter for more in-depth political analysis.



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