New Delhi [India], August 20 (HBTV): AIMIM chief and Hyderabad MP Asaduddin Owaisi on Wednesday opposed the Constitution (130th Amendment) Bill, 2025, which seeks to remove a Central or State Minister facing allegations of corruption or serious offences and detained for at least 30 days.
In his notice to the Lok Sabha Secretary General, Owaisi raised objections to three bills, including the Constitution Amendment Bill, the Union Territories (Amendment) Bill, 1963, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, scheduled to be introduced in the Lok Sabha on Wednesday.
He argued that the Constitution amendment violates the principles of federalism, double jeopardy, separation of powers, due process, and undermines the right of the people to an elected government.
Owaisi said, 'This amendment would allow the executive agencies a free run to become the judge, jury and executioner. Based on a flimsy allegation and a mere suspicion, any agency would be able to proceed with detaining a Minister or Chief Minister. In a rule of law society, a person can be punished only after a trial by an independent judiciary, and only when the offence is proven beyond a reasonable doubt. In this case, on a mere accusation, the punishment of losing one's ministerial post would flow. The principle of separation of powers is part of the basic structure of the Constitution.'
He further stressed that in a parliamentary democracy, individual ministers or the Chief Minister can only be removed through two means: first, if the Head of the Government (Prime Minister or the Chief Minister) recommends their removal, or second, if the Council of Ministers loses confidence in the legislature.
'The automatic removal of a Minister or a Chief Minister on a flimsy allegation or detention would violate the principle of separation of powers completely. It would empower the unelected executive (bureaucrats) to play the role of the legislature,' Owaisi said.
The Hyderabad MP added that the amendment would leave ministers and chief ministers at the mercy of executive agencies. 'The severity of the amendment is not only in the fact that one loses their position if they are arrested, but even if they are detained. Detention is an administrative action and does not require an offence to be made. The effect of such an amendment would be that Ministers and Chief Ministers would not be able to carry out their constitutional duties for fear of reprisals and would effectively be subjugated to the investigation agencies of the Union government,' he said.
According to the List of Business in the Lok Sabha, Home Minister Amit Shah will introduce the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, in the Lok Sabha on Wednesday.
(ANI)