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18 July 2026

Parliamentary Committee on removal of Prime Minister and Chief Ministers

The topic concerns a specific legislative proposal (The Constitution Amendment Bill) that directly addresses constitutional questions regarding the tenure of elected representatives, separation of powers, and governance accountability.

2 min read Day 7 of 24 2 questions 1 prelims

Notes

  • The Constitution (One Hundred and Thirtieth Amendment) Bill proposes the automatic removal of the Prime Minister, Chief Ministers, or Ministers after 30 consecutive days in judicial custody.
  • The Bill aims to address the governance vacuum created when public functionaries remain in office during prolonged incarceration.
  • A Joint Parliamentary Committee is currently reviewing the Bill and has deferred the adoption of its draft report for further stakeholder consultation.
  • The panel's draft recommendations include replacing the term 'removal' with 'suspension' for public functionaries in custody.
  • The draft proposes an automatic reversal clause for suspension if the individual is acquitted or if prosecution does not proceed within a specified period.
  • The committee suggests defining 'serious criminal offences' as those punishable by imprisonment for five years or more.
  • Concerns raised regarding the Bill include potential arbitrariness, lack of correlation between incarceration and guilt, and the risk of weaponizing the criminal justice system against elected representatives.
  • Arguments against the 'suspension' model suggest that it may disregard the constitutional status and democratic mandate of elected representatives compared to bureaucrats.

Part of a longer story

This is day 7 of 24 in Constitution (130th Amendment) Bill, 2025, which has been running since 2 July 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Discuss the constitutional implications of introducing automatic suspension or removal of elected representatives based on prolonged judicial custody. How does this balance the principle of 'innocent until proven guilty' with the need for administrative continuity? 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. Examine the role of Parliamentary Committees in the legislative process, particularly concerning Bills that impact the democratic mandate and constitutional status of elected officials. Analyze the challenges in defining 'serious criminal offences' in the context of disqualification from public office. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. The Constitution (One Hundred and Thirtieth Amendment) Bill, as discussed in the context of Parliamentary review, primarily seeks to address which of the following?