Union Home Minister Amit Shah has criticized the protests against the Constitution (130th Amendment) Bill by Opposition parties, labeling them as ‘Black Bill’ protests. He questioned whether a Prime Minister, Chief Minister, or any leader could effectively govern while incarcerated. Shah introduced the Bill during the recent monsoon session of Parliament, which stipulates that if a Prime Minister, Chief Ministers, or Ministers are jailed for over 30 days for offenses carrying a prison term exceeding five years, they are to be removed from office. The Opposition has protested, deeming the legislation ‘unconstitutional’ and accusing the ruling BJP of attempting to misuse central agencies to target non-BJP Chief Ministers, imprison them, and undermine State governments.
In an interview, Shah posed a rhetorical question to the nation and the Opposition, asking, ‘Can a Chief Minister, Prime Minister, or any leader run the country from jail? Does that suit the dignity of our democracy?’ He criticized the notion that leaders could govern from prison, dismissing the idea that a government could operate effectively with its head incarcerated. Shah affirmed that the Bill would not impact the majority status in Parliament or State Assemblies, as other party members could assume leadership while the jailed figure awaited bail.
He explained the provisions of the 130th Amendment, which mandates that if a Prime Minister, Chief Minister, or any government leader faces serious allegations and is arrested, they must resign if they fail to secure bail within 30 days. If they refuse to resign, the law would remove them from their position. He emphasized that it was the Prime Minister who insisted on including the office of the PM in this Bill, noting that Narendra Modi has proposed a constitutional amendment that requires a Prime Minister to resign if imprisoned, contrasting it with Indira Gandhi’s earlier amendment protecting high-ranking officials from judicial review.