Bills Seeking To Remove Elected Representatives On Criminal Charges Badly Conceived And Drafted: Constitutional Expert

(MENAFN- Live Mint) The Constitution (130th Amendment) Bill and two related bills, which allow removal of elected representatives on serious criminal charges, are politically motivated, badly drafted and are a recipe for political chaos, says a top constitutional expert.

"I feel that the bill is totally unnecessary, as there are enough safeguards in place for elected representatives. It is badly conceived and drafted. The principal target of the bill is opposition chief ministers and politicians,” PD Thankappan Acharya, former Secretary General of the Lok Sabha said.

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While on the face of it, it sounds good that corrupt politicians have no moral right to continue in office, in the present circumstances, a deeper examination of the bill is needed, he said.

"A corrupt politician should be punished. But if you go deeper, it is not so simple. Political vendetta is a reality in the country. The whole idea of a CM or politicians becoming vulnerable, can create instability in the system,” Acharya, former Secretary General of the 14th and 15th Lok Sabh a and the Lok Sabha Secretariat, told this reporter.

According to him,“chief ministers have been arrested in the past but this bill is clearly a weapon in the hands of the Centre. It is not difficult to file cases against politicians and frame them by the Enforcement Directorate (ED). A politician can be held or detained for 30 days, as prescribed in the bill, after which his or her fate is sealed.”

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Acharya said that a politician detained under ED's Prevention of Money Laundering Act, 2002 - even if he or she is not involved in a financial transaction – can be ruined.

``In the Indian justice system, often, lower courts as well as the High Courts, will back the prosecution's case. By the time, it reaches the Supreme Court level for higher appeal, and depending upon the bench at the apex court, a decision would be given. It could take several years, by which time, the politician will face ruination and be in no position to contest and fight,'' Acharya said.

Opposition and ruling party MPs exchanged barbs in the Lok Sabha on August 20 over the government's claim of bringing in political morality through three new bills allowing the removal of elected representatives arrested on serious criminal charges and held in custody without bail for more than 30 days. As the bills were introduced, Union Home Minister Amit Shah and Congress leader KC Venugopal engaged in a sharp spat over the former's arrest in 2010, while he was Home Minister of Gujarat .

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Acharya said that the inclusion of the Prime Minister in this list is no more than a subterfuge. `'Everyone knows this. Who is going to prosecute the PM.”

This bill is politically motivated, badly drafted and a recipe for political chaos.

In addition, he said the bill was poorly drafted. ``There is no concept of a maximum or minimum punishment under the law, as it should be. It is unclear when the bill states that punishment can be extended beyond five years. What does it mean? No legal mind has been applied, and it is a harmful piece of legislation,” Acharya said.

Under the circumstances, it is just as well that the bill will not be passed in the Lok Sabha. "The ruling alliance has around 292 members while the bill requires the support of at least 366 MPs,” he pointed out.

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