Chaos erupts in Indian parliament over Modi's BJP proposal

The Indian government introduced a contentious bill in parliament earlier this week that would allow the removal of a prime minister, state chief minister, or other federal or state ministers from office if they are under criminal investigation — even before conviction. Critics warn the move could be exploited to destabilize opposition-led state governments.

The draft legislation, proposed by Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP), stipulates the automatic removal of elected officials if they are detained for 30 consecutive days on charges carrying a minimum sentence of five years.

What is fuelling the opposition’s accusations against the Modi administration? A report by Al Jazeera examined the bill’s details and gathered expert perspectives.

As Amit Shah, India’s home minister and widely considered Modi’s right-hand man, presented the bill in parliament, opposition lawmakers tore legislative documents and hurled them at Shah, prompting the suspension of the house amid chaos.

Meanwhile, the government insists the measure will curb corruption among public officials, arguing that those facing serious criminal charges should not hold constitutional posts. According to the amendment, an elected leader would automatically forfeit their position if detained for 30 days on charges carrying a minimum five-year sentence. The proposal also includes a reappointment clause, enabling leaders to reclaim their post if granted bail or acquitted.

Opposition rings alarm bells

The opposition, emboldened by the 2024 national election where the BJP lost its outright majority and had to rely on smaller allies, condemned the bill as an “undemocratic” attempt to weaponize laws against dissent.

Opposition leaders claim the law could be misused since federal law enforcement agencies need only arrest and charge opposition members with serious crimes, then keep them in custody for 30 days—without ever proving those charges in court.

Manish Tewari, an MP from the opposition Congress party, argued that “the bill is against the principle of presumption of innocence” until proven guilty.

Asaduddin Owaisi, another opposition MP from Hyderabad in southern India, warned that this law could be deployed to topple unfriendly state governments.

Critics also note that under India’s constitution, state governments hold primary responsibility for maintaining law and order. Applying this law to state leaders, they argue, erodes federal principles and undermines citizens’ right to choose their governments.

Another chapter in BJP’s playbook targeting critics?

Since Modi came to power in 2014, the opposition has accused the government of using agencies such as the Enforcement Directorate (ED), responsible for financial crime investigations, and the Central Bureau of Investigation (CBI), India’s top investigative agency, to go after rival politicians.

In March 2023, opposition parties petitioned India’s Supreme Court against “a clear pattern of using investigative agencies … to target, debilitate and in fact crush the entire political opposition and other vocal citizens.”

The petition stated that since 2014, 95 percent of CBI and ED cases have been directed at opposition politicians—a sharp increase of 60 and 54 percentage points, respectively, compared to the Congress-led government era.

The article also points out that 46 per cent of sitting MPs face criminal charges, with 31 percent accused of grave offenses such as murder, attempted murder, kidnapping, and crimes against women.

It further recalls that at least 12 opposition ministers have been jailed for more than 30 days during the BJP’s 12-year tenure—nine of them from Delhi and the eastern state of West Bengal.

Sweeping bigger troubles under the carpet

Recently, the Modi government has faced rising criticism over a controversial revision of electoral rolls ahead of key state elections, allegations of vote rigging, and foreign policy setbacks, including a 50 percent tariff imposed by the United States under President Donald Trump. Experts cited in the article suggest the bill may also serve as a political diversion.

“Even if the bill does not become a law, it will anyway force a showdown to make opposition parties vote against the bill,” Ali said, “so that they can use that as ammunition against them in [election] campaigning.”

By Nazrin Sadigova