MHA defends anti-corruption bills: 'Not aimed at destabilising state governments'

The Union Ministry of Home Affairs (MHA) has rejected allegations that its proposed anti-corruption bills are intended to undermine federalism or destabilise state governments run by parties other than the Bharatiya Janata Party (BJP). In a response to a parliamentary committee scrutinising the legislation, the MHA argued that the provisions only seek to remove from office any person who remains under arrest for 30 consecutive days on serious criminal charges, while preserving their legislative membership.

The MHA stated that because the legislative majority of the ruling party or coalition remains unaffected, and any other member of the same party can replace the removed minister, the democratic mandate is 'absolutely unaffected' by the bills. The proposed laws would apply to the Prime Minister, Chief Ministers, and other ministers.

The ministry justified the provision by noting that a prolonged detention impedes a minister's ability to fulfil their executive functions, potentially leading to governance paralysis. It emphasised that the state's stability is not threatened because the party in power can appoint a replacement from among its legislators.

Responding to concerns that automatic removal undermines the popular will expressed in elections, the MHA said that the mandate is neither absolute nor unconditional, as the Constitution provides several accountability mechanisms that can lead to a change in leadership without fresh elections. The ministry argued that the provision protects democratic will by ensuring governance remains effective and trustworthy, and prevents a situation where a leader unable to perform official duties continues in office indefinitely.

The joint committee of Parliament, headed by BJP parliamentarian Aparajita Sarangi, had flagged issues raised by various stakeholders, including opposition parties, and sought the MHA's response. The committee is expected to adopt its report in the coming days and table it in the Lok Sabha during the monsoon session beginning July 20.