The Constitutional Act (130. Amendment) and two related accounts that allow the removal of elected representatives to serious criminal charges are politically motivated, poorly developed and are a recipe for political chaos, says the highest constitutional expert.
“I feel that the bill is absolutely unnecessary, because for elected representatives there are enough guarantees. It is poorly conceived and developed. The main objective of the bill is the main ministers and politicians,” said Acharya, former Secretary General of Lok Sabha.
While on his face, it sounds good that corrupt politicians do not have the moral right to continue the office, under the current circumstances, a deeper examination of the law is needed, he said.
“The Koškol politician should be punished. But if you go deeper, it’s not that simple. Political Vendeta is a reality in the country. The whole idea that CM or politicians will become vulnerable can create instability in the system,” said Acharya, former Secretary General 14 and 15.
According to him: “The main ministers have been arrested in the past, but this law is obviously a weapon in the hands of the center. It is not difficult to file cases against politicians and is a recovery directorate (ED). The politician can be held or detained for 30 days, as stated in the bill.
Acharya said that a politician detained under the Ed Prevention Act, 2002 – although not involved in a financial transaction – can be destroyed.
“ In the Indian court system, often, lower courts and the highest courts, support the case of prosecution. At a time when it reaches the Supreme Court for a higher appeal and a decision would be issued at a bench at a court at the peak. It may take several years to which the politician will face destruction and will not be in any position to attack and fight, ”Acharya said.
The opposition and ruling party exchanged spines in Lok Sabha 20. August with a government claim to bring political morality through three new accounts that allow the removal of elected representatives arrested for serious criminal charges and kept in custody without deposit for more than 30 days. Once the accounts were introduced, the Minister of the Interior of the Union Amit Shah and the leader of the KC Venugopal Congress dealt with a sharp spit over the former arrest in 2010 while he was Minister Gujarat.
Acharya said that the inclusion of the Prime Minister in this list is not just subjected. “Everyone knows. Who will prosecute PM.”
This bill is politically motivated, poorly developed and a recipe for political chaos.
In addition, he said the account was poorly developed. “ There is no concept of maximum or minimum punishment by law as it should be. It is not clear when the bill states that the punishment can be extended over five years. What does this mean? No legal mind has been used and it is harmful legislation, ”said Acharya.
In these circumstances, it is equally good that the bill will not be approved in Lok Sabha. “The ruling alliance has about 292 members, while the bill requires support for at least 366 deputies,” he pointed out.
(Tagstotranslate) Constitutional expert
