2 days ago
‘Who will arrest Prime Minister?': Owaisi alleges bid to create ‘police state' as govt tables PM, CMs removal bills
Tempers ran high in the Lok Sabha on Wednesday as Union Home Minister Amit Shah tabled three contentious bills that would mandate the removal of the Prime Minister, Chief Ministers, and ministers if they are detained for 30 consecutive days on serious criminal charges. The Opposition staged a strong protest, as AIMIM MP Asaduddin Owaini accused the PM Narendra Modi-led government of attempting to undermine democracy and create a 'police state.'
The three pieces of legislation – 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 – seek to provide a legal framework for the ouster of ministers facing serious criminal charges.
According to the draft, if a Prime Minister, Chief Minister or minister is arrested and kept in custody for 30 consecutive days on charges punishable with imprisonment of at least five years, they must resign by the 31st day. Failing that, their removal will be automatic.
The government argues that leaders under arrest cannot be allowed to continue in high office, as their detention risks eroding constitutional morality, weakening governance, and diminishing public trust.
Opposition MPs alleged that the move violates constitutional safeguards and risks political misuse.
AIMIM chief Asaduddin Owaisi delivered one of the fiercest interventions, declaring:
'I stand to oppose the introduction of Jammu and Kashmir Reorganisation (Amendment) Bill 2025, Government of Union Territories (Amendment) Bill 2025 and the Constitution (One Hundred and Thirtieth Amendment) Bill 2025. This violates principle of separation of powers and undermines the right of the power to elect a Govt. It gives executive agencies a free run to become judge and executioner based on flimsy allegations and suspicions… This Govt is hell-bent on creating a Police State. This will be a death nail unleashed on elected Govt. India Constitution is being amended to turn this country into a Police State.'
On the specific provision for removal of top leaders, Owaisi asked pointedly:
'This bill is unconstitutional… Who will arrest the Prime Minister?… All in all, the BJP government wants to make our country a police state through these bills… We will oppose them… The BJP is forgetting that power is not eternal.'
Congress MP Manish Tewari also opposed the introduction of the bills, arguing that they struck at the heart of constitutional democracy.
'I rise to oppose the introduction of these three Bills… This Bill is squarely destructive of the basic structure of the Constitution… This Bill opens the door for political misuse by instrumentalities of the State whose arbitrary conduct has been repeatedly frowned upon by the Supreme Court. It throws all existing Constitutional safeguards to the winds…'
Congress general secretary Priyanka Gandhi Vadra called it 'draconian,' warning that it could be misused by ruling parties to dislodge elected leaders on flimsy or politically motivated cases.
'Tomorrow, you can file any case against a Chief Minister, have him/her arrested for 30 days without conviction… and he ceases to be a Chief Minister? It is absolutely anti-constitutional,' Priyanka Gandhi argued.
Union Home Minister Amit Shah maintained that the bills were intended to strengthen governance and accountability, not weaken democracy. The draft notes argue that permitting leaders facing serious criminal charges to continue in office undermines both constitutional morality and the trust reposed in them by the people.
While Shah himself refrained from a lengthy defence during introduction, the government is expected to frame the bills as necessary for upholding integrity in public life.
The bills have been referred to joint committees before being taken up for detailed debate. With the BJP enjoying a majority in the Lok Sabha, the legislation is expected to pass there, though resistance in the Rajya Sabha may prove tougher.
