Indian democracy stands at a perilous junction. The proposed 130th Constitutional Amendment—mandating automatic resignation of the prime minister, a Union minister or a chief minister if detained for 30 days or more—is projected as a cleansing tool for politics, but in reality it risks becoming a constitutional kill-switch, a device to topple elected governments not by votes but through custody orders. Attractive slogans of morality conceal a lethal design. Advocates may claim it will weed out corruption, but it effectively shifts the power of regime change from voters to investigators, prosecutors and magistrates. Thirty days of detention—genuine or politically engineered—could overturn the mandate of millions. That is not constitutional morality but political engineering dressed up as reform.

The bill has been referred to a select committee, but its dangers are immediate. Constitutional deadlock would become routine, with fragile coalition governments collapsing under the weight of custody orders, forcing repeated elections and revolving-door regimes. Weaponisation of investigative agencies would deepen, as bodies like the CBI and ED, already accused of selective targeting, would acquire unprecedented power. Every arrest would be seen as politically motivated, eroding faith in law enforcement. Judicial overload would follow, as courts are swamped with petitions challenging detentions that threaten to unseat governments, dragging judges into partisan crossfire. Governance paralysis is inevitable since ministers, fearing politically driven arrests, would avoid bold decisions, and bureaucrats, too, would hesitate, unsure if........

© Free Press Journal