
Himachal Vidhan Sabha again clears without changes the Bill that Gov wanted tweaked
The amended Bill, originally passed by the Assembly on September 21, 2023, was introduced again by Agriculture Minister Chander Kumar. Explaining the move, Kumar said, 'The amendment Bill was sent to the Governor for assent but was referred back with observations, including a suggestion to add Section 4(3)(1) of the Model Act for Higher Agricultural Educational Institutions in India (Revised 2023).' He added that the Council of Ministers, in its meeting on July 29, 2024, decided to move a resolution for reconsideration and re-passage of the Bill.
Governor Shukla had recommended amendments in line with the Union Government's Model Act, which would have empowered the Chancellor (Governor) to appoint Vice-Chancellors through a selection committee, with inputs from a nominee panel including experts from central institutions such as CSIR. By rejecting these proposals, the Assembly has retained the state government's control over the appointment process.
The development comes days after the Himachal Pradesh High Court stayed advertisements issued by Raj Bhavan inviting applications for V-C posts at Dr YS Parmar University of Horticulture and Forestry, Nauni, and CSK HP Agricultural University, Palampur. The state government had earlier withdrawn these notifications as 'beyond the Governor's legal competence,' but Raj Bhavan reinstated them and extended the deadlines, calling the withdrawal 'illegal and unconstitutional.'
Governor Shukla has maintained that under the 1986 Universities Act, the Chancellor alone has authority to initiate VC appointments and is not bound by cabinet advice, citing Supreme Court precedents.
On August 14, the standoff between the Himachal Pradesh government and the Raj Bhavan deepened, with the Governor's Secretariat declaring the state government's August 11 order to withdraw recruitment advertisements 'illegal and unconstitutional'. In an official communication issued later, the Raj Bhavan confirmed the process to appoint vice-chancellors for Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishwavidyalaya, Palampur, and Dr YS Parmar University of Horticulture & Forestry, Nauni, Solan, would 'continue as planned'. The deadline for submitting applications has now been extended up to 5 pm on August 18.
According to the Raj Bhavan notification, the advertisements for the posts were originally issued by the Governor's Secretariat under statutory powers vested in the Chancellor by Section 24 of the Himachal Pradesh University of Agriculture, Horticulture and Forestry Act, 1986, as these positions have been lying vacant since August 21, 2023, and May 8, 2025, respectively, necessitating immediate appointments to ensure smooth functioning of the universities.
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When the House was reconvened at 3pm, 15 marshals were brought inside the House and the home minister introduced the bills from the fourth row, instead of the first, guarded by marshals. 'On one hand, PM Narendra Modi has introduced a constitutional amendment to bring himself into the ambit of law. On the other hand, under the leadership of Congress, the entire opposition has opposed it in order to remain above the law, run governments from jail, and cling to power,' Shah posted on X. The three bills – the Constitution (130th Amendment) Bill, The Jammu & Kashmir Reorganisation (Amendment) Bill and The Government of Union Territories (Amendment) Bill – propose that a sitting minister, chief minister or even the Prime Minister can lose their position within a month if they are arrested or detained for 30 consecutive days over an offence that carries a jail term of five years or more. Shah rose to introduce the three bills – which will require a two-thirds majority in the House to become a law – shortly after 2pm. Almost immediately, at least five opposition MPs opposed it, saying the members were not given time to read the bill, and alleged that the bill will empower agencies to settle political rivalry, target opposition parties and undermine constitutional safeguards. Congress leader KC Venugopal, who also tore a copy of the bill, asked the home minister if he had resigned after being arrested when he was the state home minister in Gujarat. 'The people in BJP are saying that this bill will bring back morality in politics. I want to ask the home minister. He had been arrested. Whether he took the morality of resigning…This bill is to threaten people like Nitish Kumar (Bihar chief minister) and N Chandrababu Naidu (Andhra Pradesh CM).' An irate Shah responded immediately. 'When the allegations were levelled and before the arrest, I resigned on moral grounds. 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Hindustan Times
an hour ago
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The bill seeks to remove the Prime Minister or chief ministers facing corruption or serious offence charges if they remain in detention for 30 consecutive days. He also introduced the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025; since there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for such a measure, Section 54 of the Act, needs to be amended to provide a legal framework for the removal of the Chief Minister or a minister in these cases. And he introduced the Government of Union Territories (Amendment) Bill, 2025, which extends the same law to UTs. Senior BJP leaders explained that the bills which have been referred to a joint parliamentary committee that will present its report on the first day of the next session will ensure there is no recurrence of events where a minister or a CM, refused to step down even as charges were framed against them. A third senior party leader, cited the example of former Delhi CM and Aam Aadmi Party leader Arvind Kejriwal who was in prison for nearly six months in 2024 in the corruption case lodged by the CBI in connection with the excise policy 'scam', as an example of impropriety. 'There was this case of a sitting CM who was in jail and on August 15, another leader had to step in to unfurl the National Flag… it was against public morality,' added the third leader. On the timing of the Bill, the second leader said the government had thought of bringing the bill soon after Kejriwal's arrest, but decided against it, because it did not want the opposition to paint it as 'a political move to remove Kejriwal'. 'It was about the system and not the individual…' the leader said. He said there have been numerous instances where leaders who were accused of graft and other irregularities had stepped down pending a probe. 'When the Hawala Diaries were made public and LK Advani's name was mentioned, he stepped down as the party president and resigned from his Lok Sabha membership… Shah himself stepped down as minister in Gujarat and more recently Jharkhand CM, Hemant Soren stepped down as CM when he was arrested, and much earlier Lalu Prasad Yadav had to step down as Bihar CM when he was accused of the fodder scam,' the leader said. In 2024, Soren stepped down as CM following his arrest by the Enforcement Directorate (ED) in an alleged money laundering case. He went on to say that Shah did not accept any constitutional position till he was acquitted by the court in 2015. 'He could have become union minister or a Rajya Sabha member in 2014 itself, but he chose not to. He became the minister in 2017…' Speaking in the Lok Sabha, Shah referred to his own decision to step down as the home minister of Gujarat till he was cleared of all charges by the courts 'False allegations were levelled against me, and I resigned on moral grounds, and I did not take any constitutional posts until I was cleared of all charges by the courts,' Shah said. The BJP also stepped up its attack on the Congress, pointing out that the party, when it was in power, had attempted to amend the Office of Profit bill to seek exemption for the post of NAC chairperson Sonia Gandhi and several other posts from its ambit. 'When Sonia Gandhi had to resign for holding an office of profit the party tried to amend the provisions. Instead of leading by example and walking the talk on probity and public morality they chose to alter the rules,' the first leader quoted above said. In 2006, Gandhi had to resign as Lok Sabha MP after being accused of holding an office of profit by being a Member of Parliament as well as the Chairperson of the National Advisory Council, which was a post with the rank of a Cabinet minister. Responding to a question whether the government was confident of getting the numbers to pass the bill, the second leader said, 'We don't have the numbers, but we decided to send it to the JPC so that there can be discussion on the bill…Let the opposition stall its passage and explain to the people why they did so.' The BJP also dismissed the opposition's claims that the provisions were violative of the constitution. Responding to AIMIM chief Asasduddin Owaisi's charge that the bills violate the principle of separation of powers and undermine the right of the people to elect a government, the second leader said the bills state that the offences should carry a jail term of five years or more, which implies it will be implemented only in serious cases. 'Thirty days is sufficient time for the courts to consider and pass judgment…the bill also says that the dismissed minister or CM can be appointed again after their release. Where does it undermine the democratic process?'