Proposed Bills risk misuse, may erode presumption of innocence in democracy
By Vinay Anand, Advocate J&K High Court
The recent introduction of three Bills in the Parliament has reignited the debate around ethics and morality in Indian politics. The Bills propose that any Prime Minister, Chief Minister, Union Minister, or Minister of State and Union Territories, who remains in custody for 30 consecutive days without bail on charges carrying a punishment of five years or more, shall be automatically removed from office on the 31st day.
Objective vs Reality
On paper, the stated objective appears noble – to bring morality and ethics into politics. A political ecosystem free of corruption, opacity, and criminalization is indeed the aspiration of every citizen. However, in the Indian context, morality and ethics have often been treated as sworn enemies, antithetical to each other. In a system where defection, horse-trading, and shifting allegiances are commonplace, expecting morality to flow from statutes alone is nothing short of wishful thinking.
No legislation, however stringent, can enforce morality unless a culture of conscience is cultivated. Transparency and accountability must become intrinsic values, not forced impositions through legal technicalities.
Scope for Misuse
While the intention of the lawmakers may be presented as ethical cleansing of politics, the scope for misuse cannot be ignored. Such provisions could easily become tools for political vendetta and toppling State Governments that are not aligned with the Centre.
In India, it is not uncommon for false or politically motivated allegations to lead to prolonged detentions. Securing bail can be a daunting task, even when cases are weak or fabricated. Thus, a Minister languishing in jail for weeks – without conviction – could lose office permanently, only to be acquitted years later when the trial concludes.
Presumption of Innocence at Stake
The principle of “innocent until proven guilty” is the cornerstone of criminal jurisprudence. These Bills, however, indirectly erode that presumption by penalizing individuals before guilt is established. If a Minister loses his constitutional post due to incarceration on baseless charges, how is he to be compensated when ultimately acquitted? Stripping office on mere detention risks undermining democratic fairness.
The Real Need
True morality and ethics in politics will not emerge from statutes alone. They require an environment where political culture is shaped by conscience, and where transparency, accountability, and integrity are embraced as virtues rather than imposed as burdens. Without this inner transformation, laws framed in the name of morality risk becoming weapons of manipulation.
As the debate unfolds, one thing remains clear: morality cannot be legislated – it must be cultivated.