JPC On 130th Constitutional Amendment Bill Hits Roadblock As Opposition Resists – Delhi News Daily

The Bill, introduced by Home Minister Amit Shah, seeks to ensure governments are not run from jail.

The formation of a Joint Parliamentary Committee (JPC) on the 130th Constitutional Amendment Bill — which mandates automatic dismissal of the Prime Minister, Chief Ministers, and Ministers jailed for 30 consecutive days in serious criminal cases — has been delayed amid Opposition resistance.

The JPC was to be set up after the monsoon session, but more than a month later, consensus remains elusive. Several INDIA bloc parties including the TMC, SP, RJD, DMK, and Shiv Sena (Uddhav) have decided to boycott the panel, alleging the move targets Opposition-ruled states.

Parliamentary Affairs Minister Kiren Rijiju is expected to reach out to Congress leaders Mallikarjun Kharge and Jairam Ramesh, as well as SP’s Akhilesh Yadav, AAP’s Arvind Kejriwal, and TMC’s Mamata Banerjee, urging them to send names for the panel. Sources say Congress, which initially agreed to participate, is now undecided.

Several Congress leaders also believe that as a national party, if Congress boycotts the committee, the ruling side will accuse it of not being serious about the fight against corruption.

The Bill, introduced by Home Minister Amit Shah, seeks to ensure governments are not run from jail.

In the United Kingdom, ministers are expected to resign if charged with a serious offence. While not a legal requirement, the practice is largely enforced through political and public pressure. In the United States, federal and state office-holders can be compelled to step down only after conviction, though indictments often lead to resignations under pressure from the public or their parties. In Pakistan, the Constitution disqualifies anyone convicted of crimes involving “moral turpitude,” and courts have, in the past, barred leaders from contesting elections while under investigation. In India, the current law under the Representation of the People Act, 1951 provides for disqualification only upon conviction in specific cases. Custody during trial does not automatically remove a legislator from office. The proposed 130th Constitutional Amendment Bill seeks to address this gap for executive office-holders — Prime Minister, Chief Ministers and Ministers — by mandating their automatic removal if they remain in jail for 30 consecutive days.

If Opposition parties refuse to nominate members, the government may move ahead with constituting the JPC without them.

It is also noted that two other committees that were announced by the Lok Sabha speaker on the last day of the monsoon session, are likely to be formed soon. The two bills for which select committee will be formed include Jan Vishwas 2.0 legislation and the bill for IBC.

As per the convention, the chairmanship for both these committees will be with the ruling party BJP.