Former Solicitor General of India, Harish Salve, has supported the Constitution (130th Amendment) Bill 2025, stating that it only provides that no leader can run a secretariat while in jail.
New Delhi: A major debate on politics and law has erupted in India with the introduction of the Constitution (130th Amendment) Bill 2025 in Parliament. According to this bill, if the Prime Minister, Chief Minister, or a minister is found guilty of serious crimes and remains in jail for 30 consecutive days, their position will automatically be vacated on the 31st day.
Former Solicitor General of India and senior advocate Harish Salve has bly supported this bill. He stated that it is completely unacceptable for a leader to run the administration of the country or state from a jail cell.
Harish Salve's Message: Democracy Should Not Be Mocked
In his statement, Harish Salve said that it is extremely shameful that we had to make such a law. He said, "If a leader is in jail, then they should remain there. How can it be a right to run the secretariat from jail? This thought itself is like a betrayal of our democracy."
Salve also said that the real problem is that many Indian politicians consider themselves a "privileged class." This is why such a bill was needed.
Hawala Diary Case: Salve Gave a Historical Example
Referring to the 1991 Hawala diary case, Harish Salve said that the leaders who were accused at that time immediately resigned from their positions. He explained that: "No leader was arrested. Yet, those whose names came up, distanced themselves from public life."
At that time, the leader of the opposition, Lal Krishna Advani, also resigned and said that he would not return to public life until he had cleared his name. According to Salve, today's era is completely different, where many politicians want to remain in power even while in jail.
Holding Ministerial Position From Jail Will Now Be Impossible - Harish Salve
The main objective of the Constitution (130th Amendment) Bill is that no minister should be able to hold their position from jail. Salve clarified that this law will not "disqualify" any leader, but will only prevent them from running the office from jail. This means that if a leader is proven innocent by the court, they can return to political life. But governing from a jail cell will no longer be possible.
On Wednesday, Home Minister Amit Shah introduced this bill in the Lok Sabha. According to it, if the Prime Minister, Chief Minister, or any minister remains in jail for 30 consecutive days after being found guilty of a serious crime, their position will automatically be vacated on the 31st day. This provision will apply in cases of serious crimes with a sentence of five years or more.
The bill has now been sent to a Joint Committee of Parliament. This committee includes 21 members from the Lok Sabha and 10 members from the Rajya Sabha. This bill could prove to be an example not only for India but also for democratic countries around the world. In many countries, leaders are accused, but there are very few cases where there are such clear legal provisions that prevent the possibility of governing from jail.
