The Opposition INDIA bloc Wednesday accused the BJP-led NDA government of allegedly seeking to undermine the country’s federal structure through three amendment Bills, including a Constitutional amendment Bill, aimed at putting in place a legal framework for the removal of top executive functionaries – from the Prime Minister to Chief Ministers, to Ministers in states / Union Territories (UTs) – facing allegations of corruption or serious offences, punishable with a sentence of at least five years, if they are sent behind bars for 30 days.
The Bills are scheduled to be introduced by Union Home Minister Amit Shah in the Lok Sabha during the day.
The Congress alleged that these Bills were a “desperate attempt to divert” public attention from “vote chori” allegations levelled against the Election Commission (EC) and the Narendra Modi government by Rahul Gandhi, the Leader of Opposition (LoP) in the Lok Sabha.
Other Opposition parties also called the proposed legislation an “open assault on the federal framework and parliamentary democratic system”.
“The Bill of Home Minister Amit Shah are nothing but a desperate attempt to divert the attention of the public away from the blistering Vote Adhikar Yatra of Shri Rahul Gandhi. First CSDS – BJP IT cell drama and now these bills. Clearly the winds of change are blowing in Bihar,” said Deputy Leader of the Congress in the Lower House Gaurav Gogoi in an X post.
Senior Congress leader and Wayanad MP Priyanka Gandhi Vadra termed the proposed legislation “completely draconian”.
“It is a completely draconian thing…And to couch it as a measure…(for) anti corruption is to pull a veil across the eyes of people…You do not even have to be convicted…Tomorrow, you can put any kind of a case on a CM, have him arrested for 30 days without conviction, and he ceases to be a Chief Minister,” Priyanka said.
AIMIM chief Asaduddin Owaisi argued that the Bills were against the theory of separation of powers, due process and the right of the people of India to hold elected governments accountable.
“Executive agencies will get a free run, become the Judge, Jury and Executioner…we are seeing the Gestapo moment of the 1930 playing out in India…” he alleged.
“Now Chief Ministers will become accountable to investigation agencies instead of the people…Who will arrest the Prime Minister,” he asked before accusing the BJP of seeking to “make India a police state”.
CPI(ML) Liberation general secretary Dipankar Bhattacharya alleged that the Bills would “sound the death knell for federalism and parliamentary democracy in India” alongside the alleged “weaponisation” of central investigation agencies, constitutional offices such as the Governor’s office and the “ongoing systematic subversion of the electoral system”.
“The 130th Constitution Amendment Bill circulated by the Union Home Ministry late in the night of 19 August…is an open assault on the federal framework and parliamentary democratic system. The weaponisation of central agencies like ED, CBI, IT, NIA and the abuse of the Constitutional office of Governors in narrow partisan interest, a trend which has been seriously condemned on several occasions even by the Supreme Court, will now gain legal validity with the enactment of this Bill,” said Bhattacharya.
The proposed legal framework, he alleged, would target all non-BJP governments in the country including those led by the BJP’s NDA allies.
“Every state government opposed to the BJP’s politics and policies will henceforth be rendered permanently destabilised and dysfunctional. Every NDA ally will be on tenterhooks to fall in line with the BJP. Viewed together with the ongoing systematic subversion of the electoral system starting with the appointment of Election Commissioners to the relentless push for ‘One Nation, One Election’ system, this amendment will sound the death knell for federalism and parliamentary democracy in India,” Bhattacharya said.
CPI(M) MP John Brittas charged that the proposed Bills are “draconian and designed to destabilise Opposition-led state governments while undermining India’s federal structure”.
“In an era marked by vindictive politics, where central agencies are deployed against Opposition leaders, the provisions will be misused for ulterior motives. The Bill’s reference to ‘constitutional morality’ contradicts its spirit, as it deviates from the established principle that disqualification and punishment should be tied to convictions by courts, not merely charges or arrests,” Brittas said.
Arguing that this principle was clearly enshrined in Section 8 of the Representation of the People Act (RPA), the CPI(M) leader said the proposed legislation would be “weaponised” in times to come. “In today’s pernicious political climate, where individuals can be easily charged, arrested, and detained for extended periods, this legislation will be weaponised to target political opponents and erode democratic norms,” he said.
RJD MP Sudhakar Singh alleged that the Bills would be a step towards the institutionalisation of “dictatorship in the country” since they would make anyone challenging the establishment liable to be thrown behind bars bringing India on the verge of “becoming Pakistan and Bangladesh”.
“Such people will be arrested overnight and sent to jail. India is on the verge of becoming Pakistan and Bangladesh, where Opposition leaders are either in jail or abroad. An attempt is being made to adopt the same method inside India, which will be opposed,” he said.