A new Indian bill punishes jailed politicians: Why has it sparked outrage?

New Delhi, India – The Indian government tabled a new bill earlier this week in parliament under which a prime minister, state chief minister or other federal or state minister can be removed from office if they are facing criminal investigations – even before they are convicted.

The draft law proposed by Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) mandates the automatic removal of elected officials if they are detained for 30 consecutive days on charges carrying a minimum sentence of five years.

Even as Amit Shah, India’s home minister who is widely seen as Modi’s deputy, presented the bill in parliament, members of the opposition ripped apart legislative papers and hurled them at Shah, before the house was suspended amid chaos.

The opposition, strengthened in the 2024 national election in which the BJP lost its majority and was forced to turn to smaller allies to stay in power, has slammed the bill as an example of “undemocratic” weaponising of laws against dissent.

Meanwhile, the Indian government says the proposed law will rein in corrupt and criminal public representatives.

So, is the proposed law authoritarian or democratic? What’s behind the opposition’s allegations against the Modi government? Or, as some experts argue, is it all a trap?

What’s the bill proposing?

The Modi government tabled the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, in parliament on Wednesday.

As per the amendment, an elected leader would automatically lose their post if they are arrested and detained for 30 consecutive days on charges carrying a minimum sentence of five years.

The bill also includes a provision for reappointment, allowing leaders to return to their posts if they secure bail or are acquitted.

The government argues that the measure is a step towards reinforcing accountability and public trust, arguing that those facing serious criminal charges should not continue in constitutional office.

The amendment has been referred to a joint parliamentary committee – a panel consisting of legislators from both the government and opposition parties – for its deliberations, following opposition protests.

What’s the opposition saying?

Opposition leaders have alleged that the proposed amendment could be misused by the Modi government against critics and political rivals.

That risk, they say, is especially high since law enforcement agencies that come under the federal government only need to arrest and press serious charges against opposition members, and keep them in custody for 30 days – without worrying about actually proving those charges in a court of law.

Manish Tewari, MP from the opposition Congress party, said that “the bill is against the principle of presumption of innocence” until proven guilty.

Asaduddin Owaisi, another opposition MP from Hyderabad city in southern India, said this law would be used to topple adversarial state governments.

Critics have also pointed to how, under India’s constitution, state governments have the primary responsibility for maintaining law and order. The proposed law, they say, upends that principle.

Applying this law to state leaders undermines India’s federal structure, he said, noting that this weakens the people’s right to choose governments.

“The bill would change the federal contract in fundamental ways, including balance of power between centre and states, giving the centre enormous leverage to sabotage elected governments – and, of course, to the space for oppositional politics,” said Asim Ali, a political observer based in New Delhi.

Are the opposition’s allegations founded?

Since 2014, when Modi came to power in New Delhi, the opposition has alleged that the government has increasingly used agencies like the Enforcement Directorate (ED), tasked with fighting financial crimes, and the Central Bureau of Investigation (CBI), the country’s premier investigative body, to target rival politicians.

In March 2023, opposition parties petitioned in India’s top court against “a clear pattern of using investigative agencies … to target, debilitate and in fact crush the entire political opposition and other vocal citizens”.

The petition noted that since 2014, 95 percent of cases taken up by the CBI and the ED have been against politicians from the opposition. That’s a 60 percentage point and 54 percentage point rise, respectively, from the days of the previous Congress-led government.

In parliament, 46 percent of current members face criminal cases, with 31 percent of them charged with serious crimes like murder, attempt to murder, kidnapping and crimes against women.

In the run-up to the 2024 general election, investigative agencies had arrested multiple opposition leaders, including Delhi’s Chief Minister Arvind Kejriwal and his deputy, Manish Sisodia. The ED also arrested Hemant Soren, just hours after he resigned as the chief minister of the eastern state of Jharkhand, on accusations of corruption.

In the last 12 years of BJP rule in India, at least 12 sitting opposition ministers have been detained and jailed for more than 30 days  – nine of them from Delhi and the eastern state of West Bengal.

Is this a distraction?

Some political observers and the Modi government’s critics say yes.

A constitutional amendment in India requires a two-thirds majority in both houses of the parliament, which the BJP and its allies lack.

Modi’s government currently survives with the support of the BJP’s alliance partners, after it fell short of a majority in the 2024 national election.

In recent weeks, the Modi government has faced mounting opposition criticism over a controversial revision of electoral rolls ahead of a crucial state election, allegations of vote theft, and heat over foreign policy challenges as India battles 50 percent tariffs from the United States under President Donald Trump.

It is against that backdrop that the bill – which Ali, the political observer, described as “authoritarian” yet “symbolic” in nature – is significant, say experts.

“Even if the bill does not become a law, it will anyway force a showdown to make opposition parties vote against the bill,” Ali said, “so that they can use that as ammunition against them in [election] campaigning.”

Since floating the bill, Modi, his government and the BJP have been accusing critics of being sympathetic to criminals in politics.

On Friday, speaking at a rally in election-bound Bihar state, Modi referred to Kejriwal’s refusal for months after his arrest on money laundering charges to quit from the Delhi chief minister’s post.

“Some time ago, we saw how files were being signed from jail and how government orders were given from jail. If leaders have such an attitude, how can we fight corruption?” Modi said.

Rasheed Kidwai, a political analyst, said that while the bill is draconian and could be misused, Modi’s party, for now, thinks it can help them consolidate urban, middle-class votes for the upcoming election in Bihar.

“The opposition is in a bind because public opinion is against corruption,” he said. “It’s a double-edged sword.”