BJP Taunts Opposition
By Poonam I Kaushish
Circa 1956: Erstwhile Railway Minister and Prime Minister Shastri resigned for Ariyalur train accident. “In view of Constitutional propriety we should set an example …No man should think that whatever might happen we carry on without being affected.” Demonstrating a strong sense of responsibility and integrity, raising the bar for accountability in public life.
Circa 1997: Former Bihar Chief Minister Lalu Yadav refused to yield to demands for his resignation in chaara scam unless he is convicted. “Why should I?’
Circa 2005: Again, as Railway Minister commenting on spate of train accidents Lalu averred, “Where does it say a Minister has to resign for every train accident.”
Circa June 2023: Tamil Nadu DMK Minister Balaji arrested for money laundering and granted bail by Supreme Court is reinstated Minister September 2024 as it “did not violate bail order.” Only to quit again after Court ordered: Remain on bail or forego freedom April 2025.
Circa March 2024: AAP’s Kejriwal has the dubious distinction of being the first Chief Minister arrested in excise policy scam not to resign. “I will rule from jail….where does the Constitution say a Chief Minister cannot rule from jail.” Happily continuing till his bail by Supreme Court barred him from entering office thereby forcing him to quit September.
Circa 20 August 2025: Home Minister Shah introduces three Bills, including Constitution (130th) Amendment Bill 2025 that prescribes holders of Constitutional office, Prime Minister, Chief Ministers, Union and State Ministers must resign if arrested or placed in detention for over 30 days for an offence attracting a sentence extending to five years or more. Said he, “The purpose is that a Government cannot be run from jail… It is unjust to expectations with which public elects their representatives.”
It envisages insertion of Clause 5(A) in Article 72 which provides for a Minister to be removed from office on the 31st day. Similar provisions have been made for States through amendments to Articles 164 and 239AA, the latter applying to Delhi.
The Bills have been sent to a joint committee of Parliament for consideration, a masterstroke by Shah resulting in dividing the Opposition. While TMC, Samajwadi, AAP and Thackray SS are boycotting JPC Congress is undecided as a section feels participation is important to record opposition’s critique. Putting Opposition in a bind as public opinion is against corruption.
Predictably, the Bills led to Parliament’s Monsoon session being washed out with Opposition yelling “draconian, violating Constitution’s basic structure ….Opens floodgates for political vendetta, facilitating targeting of Opposition Chief Minister, Ministers and rivals who could be arrested on any charge, proven or not, and made to resign. Rule of law must prevail ….a person is innocent until proved guilty… It makes investigative officer boss of Prime Minister.”
Undoubtedly, the assumption that a leader could be targeted by a false case may not be unfounded but evidence is that this is not the exclusive preserve of the ruling Party at the Centre. State Governments and regional Parties have been no laggards, with DMK-AIADMK resembling cyclical score-settling.
Incarceration of Andhra Chief Minister Naidu when he was in opposition was seen as a case of misuse of office by YSR Congress Government what to speak of Thackray-led MVA Government moving against BJP’s Fadnavis in a phone tapping case, squabbling between ex-Congress leader Amarinder Singh and Akalis was no less than a blood feud.
Questionably, do the Bills provide the Centre to act against an Opposition-ruled State or leader? Are they authoritarian or democratic? Is it a trap?
Certainly, there is no law that can prevent acts of political vendetta since law enforcement agencies need to arrest, press serious charges against Opposition members and keep them in custody for 30 days without worrying about actually proving those charges in Court. In the last 12 years of NDA rule 12 Opposition Ministers have been jailed for over 30 days, 9 from Delhi and West Bengal.
However, instances of Central agencies acting against State Ministers/Chief Minister have caught Courts attention and victims have received succour from courts which have halted a vengeful State or leader. There are cases whereby even when granting relief to leaders it did not dismiss evidence or quash trial.
Opposition Parties and State Governments insist action against their leaders is due to deliberate misuse of Central agencies. Even this might pass for exigencies of politics but for the trend of Chief Minister and Ministers refusing to resign despite Courts not faulting evidence. Bail granted on procedural grounds is promptly held up as vindication. Every legal stratagem is used to delay trial and muddle evidence.
Recall, Patna High Court ordered CBI inquiry in the chaara scam March 1996 and Lalu’s first conviction was September 2013. Recently Supreme Court rapped Tamil Government for naming 2,000 people in cash-for-jobs case involving Balaji, expressing apprehension that justice may not be done.
Besides, law upends State Governments primary responsibility for maintaining law and order. Applying this law to State leaders undermines India’s federal structure including balance of power between Centre-States, giving Centre enormous leverage to sabotage elected Governments and weakens people’s right to choose Governments and space for oppositional politics.
Politically, the strike against corruption in high places via the Bills comes when India Bloc is whipping sentiments over Election Commission colluding with BJP in “robbing” Opposition of electoral victories in the forthcoming Bihar polls. It has put Opposition on the defensive and gives NDA much-needed leverage to reverse the momentum and gain an upper hand.
Obversely, the measure is a step towards reinforcing accountability and public trust as those facing serious criminal charges shouldn’t continue in Constitutional office. “The law will rein in corrupt and criminal public representatives.” Some feel it enables jailed Ministers to remain in power for a month, questioning whether it does enough.
Alas, we have traversed a long dreary road from Shastri to Balaji whereby politics has nothing to do with morality, accountability and healthy conventions. Crime and conviction is the flavour of our political season. Appeals to maintain public morality fall on deaf ears as leaders brazen it out by living on the premise that arrest does not make holding public office untenable.
Appallingly, 46% of our MPs face criminal cases with 31% of them charged with murder, attempt to murder, kidnapping and crimes against women. Alongside 2,556 MLAs from 22 States stand accused of heinous crimes and 5000 criminal cases against MPs- MLAs are pending in Courts.
Undeniably, arrest or even indictment in a corruption case means an accused should not continue in office. Like Caesar’s wife our leaders need to rise above political interests and keep their character and conduct above any suspicion. Allegations of serious offence and arrest diminish Constitutional trust and lower the high moral standard reposed in them by people and they should resign or be removed.
Probity in public life is non-negotiable. The ‘Conduct of Politics’ necessitates integrity, credibility, conviction and courage. There should be no scope for doubt or suspicion that politics is the last refuge of a scoundrel. On hopes our leaders will now chart a new dimension in upholding the best tenets of morality and probity. Time they woke up from their deep slumber of self conceit and deception and smelt the coffee. Can a nation continue to be bereft of all sense of shame and morality — and for how long? — INFA