Eminent jurist and former Solicitor General of India Harish Salve said that the ‘Criminal Leader’ Bill was pending for a long time to prevent governments from running from jail. Harish Salve said that this bill was pending for a long time. We have repeatedly seen a very sad scene of governments running from jail. The first example was during my experience as Solicitor General, when the then Chief Minister of Bihar went to jail, at least he resigned in the name of democracy. His wife became the Chief Minister. He further said that holding a public position is not a right but a sacred duty. The senior advocate raised the question, if the court feels prima facie that a case is made against you, then why should you not leave the post?
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Significantly, Union Home Minister Amit Shah introduced the ‘Constitution (130th Amendment) Bill, 2025, Union Territory of Government (Amendment) Bill, 2025 and Jammu and Kashmir Reorganization (Amendment) Bill, 2025 in the Lok Sabha amid opposition and uproar by the opposition. Later on his proposal, the House decided to send the three Bills to the Joint Committee of Parliament. There are provisions to remove the Prime Minister, Chief Ministers and Ministers from the post for 30 consecutive days of serious criminal charges and for 30 consecutive days.
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Union Home Minister Amit Shah has appreciated a new bill brought for the purpose of stopping the Chief Ministers and Prime Ministers from running the government from jail. He said that this bill was necessary as former Delhi Chief Minister Arvind Kejriwal did not resign on moral grounds. Shah insisted that this law will apply to all including the Chief Ministers and Prime Minister of the BJP. He said that when the constitution was formed, such shameless people were not even imagined. He did not resign despite going to jail. This bill is to deal with a situation where a leader facing allegations of corruption continues to rule even while in jail. Due to the need for a two-thirds majority to be passed, the Bill has been sent to a Joint Parliamentary Committee, which is expected to submit its report until the next session of Parliament.