Sunset clause for reappointment likely in 130th amendment bill to safeguard lawmakers’ acquittal

A joint parliamentary committee reviewing a constitutional amendment bill in India is poised to recommend a significant safeguard: a sunset provision that would allow arrested ministers to be reappointed under specific circumstances. This clause, designed to automatically reverse a minister's removal, would come into effect if the prosecution fails to advance a case within a defined timeframe or if the minister is acquitted by a court.

People familiar with the details stated that this provision could act as a crucial safeguard within the legislation, which has been met with objections from several opposition parties. The panel, led by Bharatiya Janata Party lawmaker Aparajita Sarangi, is expected to make at least five key recommendations. The automatic reversal clause aims to ensure that a minister's removal, founded on an allegation that remains unproven, does not result in a de facto permanent disability.

Union Home Minister Amit Shah introduced the 130th Constitution amendment bill, along with two supplementary legislations for Jammu and Kashmir and other Union Territories, in August of the previous year. The government has signaled its intention to prioritize this legislation during the upcoming monsoon session. The committee may also propose defining "serious criminal offenses" and maintaining consistency in provisions for fast-track courts for high constitutional functionaries.

Further recommendations from the panel could include incorporating a separate "schedule of offenses" punishable by five years or more imprisonment into the three bills. Additionally, the committee is considering replacing the terms "removal" and "cease to be a minister" with "suspension." The Union Home Ministry has defended the bills, arguing they address a critical gap in accountability for holders of high public office and align with a commitment to constitutional morality and ethical governance.