The introduction of the Constitution (130th Amendment) Bill, which proposes the automatic removal of elected representatives held in custody for over 30 days on serious criminal charges, is a deeply unsettling development. While it claims to uphold constitutional morality and public trust, it risks undermining the very foundations of democratic governance. This bill sidesteps the principle of “innocent until proven guilty,” replacing judicial due process with executive discretion. In a political climate where investigative agencies are often accused of selective targeting, the potential for misuse is significant. The amendment could become a tool for political vendetta, enabling ruling authorities to disqualify opponents without conviction. If enacted, India would be the first democracy to enforce the automatic ouster of elected officials based solely on detention. Such a move threatens the federal structure by empowering central agencies over State governments and risks turning elected representatives into pawns of administrative control. The criminalisation of politics is indeed a serious concern. However, the solution lies in robust electoral and judicial reforms—not in laws that punish individuals before guilt is established. Without such reforms, this legislation will only deepen public cynicism and destabilise democratic institutions.
