The 130th Constitution Amendment Bill: Where the Rule of Law Gets Substituted by the Rule of Flaw
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The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 has two parts and both raise absorbing issues. The first part is the Statement of Objects and Reasons (SOR) and the second is the text of the Bill and its implications.
A Bill to amend the Constitution is always accompanied by the SOR which explains the need to amend the Constitution. The SOR for this Bill promotes lofty and inspiring ideals and begins with the words: “The elected representatives represent hopes and aspirations of the people of India. It is expected that they rise above political interests and act only in the public interest and for the welfare of people.” Really?
The Association for Democratic Reforms (ADR) informs us, in good faith, that 29% or 1,205 Members of the Legislative Assembly (MLAs) have serious criminal cases pending against them. 280 MLAs have cases of murder or attempt to murder pending against them. 127 MLAs have crime against women cases and 13 of them have cases of rape pending against them.
These elected representatives certainly cannot and do not represent the hopes and aspirations of many of us. I don’t think we hope or aspire to be suspected criminals – if we do, there’s something terribly wrong with us.
The SOR then says that the character and conduct of ministers should be “beyond any ray of suspicion”. ADR informs us, in good faith, that in the Government of India, 40% of the ministers (29 out of 72) have criminal cases pending against them. The figure for the states is 47% or 302 out of 643. A total of 26% of ministers in the Government of India (19 out of 72) have serious criminal cases pending. The figure for the states is 27% or 174 of 643.
For some reason, the “ray of suspicion” limits the suspicious character and conduct only to ministers. Why only ministers and not all MPs and MLAs? Should we not expect every elected representative to be clean and above suspicion, particularly since they are said to represent our hopes and aspirations?
So, the first step the Bill ought to address is the clean-up of our Parliament and State Legislatures and weed out elements not beyond any ray of suspicion. The Bill does not seek to........
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