Former Delhi Chief Minister Arvind Kejriwal was taken into custody in 2024 in connection with the alleged liquor scam but refused to vacate his post, sparking strong criticism from the BJP, which accused him of “running the government from jail.” On Friday, Union Home Minister Amit Shah strongly rebuked the Opposition for opposing three controversial bills that call for the removal of individuals holding top political offices if they are jailed for over 30 days for offences carrying a minimum sentence of five years. Shah specifically mentioned Kejriwal, stating that if he had chosen to resign during his imprisonment, there would have been no requirement to introduce such legislation.
The Aam Aadmi Party (AAP) leader and national convenor, Arvind Kejriwal, continued to hold onto his position despite his 2024 arrest in the alleged liquor scam case, drawing repeated attacks from the BJP for continuing governance while incarcerated. Similarly, in Tamil Nadu, Minister V Senthil Balaji was arrested in 2023 on charges of money laundering. Chief Minister MK Stalin retained him in the cabinet without a portfolio and reinstated him after the Supreme Court eventually granted him bail.
Speaking at an event in Thiruvananthapuram, Amit Shah emphasized that Kejriwal’s decision to govern from prison created the necessity for a constitutional amendment. He argued that during previous BJP governments, no such amendments were made, as there had never been such a situation. According to him, had Kejriwal stepped down voluntarily, this legislative step would not have been required.
Earlier this week, Shah introduced the bills in the Lok Sabha, describing them as significant anti-corruption reforms. He proposed referring them to a Joint Parliamentary Committee (JPC) for a detailed review, with members drawn from both the Lok Sabha and the Rajya Sabha. The government presented the legislation as a necessary safeguard against corruption, insisting that leaders facing serious criminal allegations should not occupy constitutional offices.
In sharp contrast, the Opposition condemned the bills, branding them “draconian” and “unconstitutional.” They accused the BJP of attempting to misuse investigative agencies to target non-BJP chief ministers, jail them, and destabilize their state governments.
When the bills were tabled in Parliament, Opposition members launched a fierce protest. As Shah moved to refer the bills to a JPC, several Opposition MPs tore copies of the legislation and hurled them towards the Treasury benches, with some landing near the Home Minister himself.
Shah countered these objections, asserting that the bills are not aimed at any one party. He emphasized that the provisions apply equally to BJP leaders, chief ministers, and even the Prime Minister. He questioned whether the public would want any head of government to manage state affairs from behind bars. He further added that the framers of the Constitution never imagined such circumstances, as in the past, leaders would resign immediately upon imprisonment rather than cling to office.
The former BJP president also pointed out that several ministers and chief ministers in history had faced jail terms but had stepped down without hesitation. He maintained that the law had not been amended earlier because there had been no need, stressing that both the ruling and opposition parties must work together to uphold ethical standards in democracy.
Three bills were formally introduced: the Constitution (130th Amendment) Bill, the Government of Union Territories (Amendment) Bill, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
The Constitution (130th Amendment) Bill specifically mandates the automatic removal of any Prime Minister, Chief Minister, or minister if they remain in judicial custody for 30 continuous days for offences carrying a minimum punishment of five years. This rule applies even if they have not been convicted, effectively disqualifying them from holding office during such a period.
The legislation places elected leaders on the same footing as civil servants, who are immediately suspended once placed under arrest, thereby aiming to establish uniform standards of accountability across governance.
