Trinamool Congress leader Derek O’Brien on Friday (October 31, 2025) said the Bills that provide for removal of the Prime Minister, Chief Ministers and Ministers under arrest for 30 consecutive days risk weaponising arrests as a political tool.
In a blogpost, he said the Bills undermines the presumption of innocence, destabilises governance, and entrenches inequality.
Home Minister Amit Shah had in August introduced in Lok Sabha three Bills — The Government of Union Territories (Amendment) Bill-2025, the Constitution (One Hundred And Thirtieth Amendment) Bill-2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill-2025 — for the removal of Prime Minister, Chief Ministers, and Ministers under arrest for 30 consecutive days on serious charges.
Both houses in Parliament have passed a resolution to refer the bills to a JPC.
The TMC Rajya Sabha leader said the Bills claim to promote accountability, but on close inspection, they undermine the presumption of innocence.
“Far from strengthening democracy, it risks weaponising arrests as political tools,” he said.
Mr. O’Brien stressed that it overrides the electorate’s will without a judicial conviction and opens a door to political abuse.
“How to lose your seat in 30 days- Step 1: Forget voters, forget courts – they no longer decide your fate… Step 2: Wait for a politically motivated FIR… Step 3: Get remanded to custody and let procedural delays carry you past Day 30,” he said.
The TMC Rajya Sabha leader said while the Indian criminal jurisprudence talks about one fundamental principle – innocent until proven guilty, this bill flips that principle on its head by imposing a penalty, loss of office, based solely on arrest and detention.
“It bypasses trial and conviction entirely. That is precisely the kind of arbitrariness Article 21 forbids. Yet, the Bill treats detention as de facto conviction,” he said, adding that it equates arrest with guilt, overrides the electorate’s mandate, weakens separation of powers, destabilises governance, and promotes inequality.
He underlined that India’s prison population is overwhelmingly made up of undertrials, constituting 75% of the total prison population.
“Interestingly, since 2014, at least 12 sitting opposition ministers have been arrested; nine of them from non-BJP-ruled states. Eight crossed the 30-day custody mark. Under the Bill, they would have been automatically stripped of office despite never being convicted,” he said.
He also said the Bill does not explain the 30-day threshold.
“Pre-trial custody can, and frequently does, extend beyond 30 days because of routine procedural delays”.
“Even under BNSS, default bail is set at 60/90 days; the Bill’s 30 day has no procedural anchor,” he said, adding the law risks disqualifying leaders before their trials even begin.
“The Bill seems to replace the principle of ‘innocent until proven guilty’ with ‘jobless until granted bail’.”
Mr. O’Brien said the Constitution separates political accountability from judicial and executive actions, and the Bill collapses this boundary, inviting misuse.
He said the Bills could bring governance to a halt.
“Consider the consequences if a Prime Minister or Chief Minister is arrested, even briefly. Governance could grind to a halt, destabilising elected governments on the basis of unproven allegations,” he said.
“Accountability in politics must be rooted in conviction, not custody. Otherwise, democracy itself risks becoming captive to the whims of arrest,” he added.
Mr. O’Brien also referred to the Supreme Court pulling up the Delhi Police earlier this week for not filing its reply to the bail pleas filed by activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa Ur Rehman, who have been in jail for over five years without trial.
He also referred to the SC ruling on restarting MGNREGS in West Bengal.
“Both hearings showed the court pushing back against long delays and executive overreach,” he said, adding, Parliament’s understanding of the same issues “seems to be moving in the opposite direction”.
Published – October 31, 2025 12:49 pm IST
