Democracy Under Threat
The Central Government’s move to table three new Bills in Parliament, one of which proposes automatic disqualification of the Prime Minister, Chief Ministers, and Ministers if they are imprisoned for 30 days for “grave offences,” has raised alarm bells across India’s democratic landscape. While the intent is ostensibly to uphold probity in public life, the apprehension is that this legislation is a calculated tool to stifle opposition voices, consolidate power, and weaponize investigative agencies against dissenters.
1. Legal Context: Detention for “Grave Offenses” and the New Proposal
Under existing law, Indian ministers are not compelled to resign merely upon arrest. Section 8(3) of the Representation of the People Act, 1951 disqualifies a legislator only after conviction with at least two years’ imprisonment. Arrests or ongoing investigations, no matter how serious, leave officeholders legally intact. This is why Delhi Chief Minister Arvind Kejriwal, arrested in March 2024 by the Enforcement Directorate (ED) in the Delhi liquor policy case, continued as CM while in custody. He became the first sitting CM in India to attempt governing from jail—a constitutional grey zone described by legal scholars as “unprecedented but not barred.”
2. The Precedent: Arvind Kejriwal’s Refusal to Resign
The immediate backdrop is the case of Delhi Chief Minister Arvind Kejriwal, who was arrested by the Enforcement Directorate (ED) in connection with the Delhi excise policy case. Despite being in jail, he refused to resign and continued issuing directions from prison. This precedent appears to have pushed the ruling dispensation to seek legislative cover that ensures no CM or minister can continue in office once jailed—even before conviction. Critics argue that this undermines the principle of “innocent until proven guilty” under Article 21 of the Constitution and disproportionately empowers central agencies like the CBI and ED, which function under the Union government.
3. Weaponisation of Central Agencies: ED and CBI: Political Sledgehammers
Since 2014, the ED and CBI have dramatically expanded their footprint:
ED registered 5,155 money laundering cases (up from 1,797 in the prior decade).
Conducted 7,264 searches (compared to just 84 previously).
Roughly 95% of political figures investigated belonged to opposition parties.
In the last 11 years under Prime Minister Narendra Modi, the ED and CBI have emerged as the most potent tools against the opposition:
Lalu Prasad Yadav and family faced multiple raids in the land-for-jobs case (ED/CBI).
Abhishek Banerjee (TMC) repeatedly summoned in coal and cattle smuggling cases.
Sanjay Raut (Shiv Sena, UBT) jailed in a money laundering case; later released on bail.
Hemant Soren, former Jharkhand CM, arrested in a land scam case.
Kavitha Kalvakuntla (BRS) targeted in the liquor excise case.
M.K. Stalin’s son-in-law raided in Tamil Nadu before elections.
Chhattisgarh CM Bhupesh Baghel’s aides raided before state polls.
Manish Sisodia (AAP): Arrested in multiple corruption probes linked to Delhi’s liquor and education policies.
Ajit Pawar (NCP): ED attached assets worth Rs 65 crore in a cooperative bank scam, but charges faded once he allied with the BJP.
Praful Patel (NCP): Investigated in cases linked to Iqbal Mirchi; probes slowed dramatically after siding with NDA.
Chhagan Bhujbal (NCP): Jailed for two years on money laundering charges.
Rahul Gandhi: Disqualified from Parliament following a defamation conviction, later stayed by the SC.
Former Union Home Minister P. Chidambaram was arrested by the CBI in 2019 in the INX Media case and was kept overnight in a room infested with rats—an incident widely covered by the press and symbolic of the humiliation meted out to opposition leaders (The Hindu, 22 August 2019).
Meanwhile, leaders accused of serious corruption cases have often found relief by switching sides:
Ajit Pawar, facing multiple ED probes, aligned with the BJP and retained power in Maharashtra.
Narayan Rane and his family faced inquiries but joined the ruling alliance and saw cases slow down.
Several NCP, TMC, and Congress leaders who defected to the BJP or its allies reported that cases against them went dormant soon after.
According to reports, over 25 opposition leaders under probe defected to BJP since 2014, and 23 saw their cases closed after switching sides.
This selective pursuit of justice undermines the constitutional promise of equality under Article 14.
4. Legislative Changes That Tilt the Balance
The proposed disqualification Bill is not the first attempt to structurally weaken checks and balances:
Election Commission Reforms 2023: The Chief Justice of India was removed from the selection panel for appointing the Chief Election Commissioner and Election Commissioners, leaving appointments largely to the executive (The Hindu, 22 Dec 2023).
ECI Immunity: A 2023 law barred legal proceedings against Election Commissioners for decisions taken in good faith, insulating them from judicial review (PRS Legislative Research, 2023).
Election Transparency Curbs: CCTV footage of polling day can now be destroyed after 45 days, reducing opportunities for forensic election audits (Indian Express, Jan 2024).
Together, these measures reduce accountability in elections, fueling suspicions of manipulation—whether in voter roll deletions, selective action on complaints, or delayed adjudication.
5. Civil Society and Media Under Siege
Not only politicians but also journalists, NGOs, and activists face systematic targeting:
NGOs accused of FCRA violations saw registrations cancelled en masse.
Journalists like Sidhique Kappan were jailed for covering sensitive stories.
In Kashmir, leaders and citizens reported detentions, harassment, and torture.
This ecosystem of suppression extends the chilling effect beyond politics, silencing watchdogs of democracy.
6. Risks of the New Legislation
The proposed 30-day disqualification law is particularly dangerous because:
Selective Enforcement: Agencies like ED/CBI can arrest without conviction, forcing resignation.
Safe for Ruling Party Leaders: Those aligned with power remain untouched, while dissidents—even within ruling ranks—can be threatened.
Precedent of Abuse: From Ajit Pawar to Praful Patel, the closing of cases after defections shows the law will not be neutral.
Erosion of Dissent: Opposition becomes administratively non-functional, preoccupied with legal defense rather than governance.
7. A Shrinking Democratic Space
The combined effect of these moves is the creation of a political environment where opposition parties operate under constant threat of raids, arrests, and disqualification. As Omar Abdullah tweeted in despair, “I can’t take it anymore” (X, Aug 2025), the cumulative impact of institutional capture and legislative overreach is becoming unbearable for those who resist.
Cases of manipulated disqualifications are not new. In 2017, AIADMK MLAs loyal to T.T.V. Dhinakaran were disqualified in Tamil Nadu under controversial circumstances, showing how laws can be twisted to alter political equations. Under the new proposal, a mere 30-day imprisonment—secured through investigative agencies—would be enough to topple governments in opposition-ruled states.
Conclusion: A Democracy Under Siege
The proposed legislation, when viewed against the backdrop of raids, arrests, and the capture of independent institutions, points to a dangerous trend: the centralization of unchecked power. If enacted, it risks turning India’s vibrant democracy into an arena of managed opposition, where dissenters can be jailed out of political convenience, and governments can be destabilized with the stroke of a pen.
A democracy cannot survive on electoral victories alone; it needs robust institutions, fearless opposition, and the guarantee of constitutional rights. The selective use of ED and CBI, coupled with restrictive laws, makes it clear that India is inching closer to an “opposition-free democracy”—a paradox that betrays the very spirit of the Constitution.
Democracy thrives on dissent, accountability, and institutional independence. But when investigative agencies become political weapons, oversight institutions are neutered, and laws are crafted to silence rather than safeguard, the rule of law degenerates into rule by law.
In sum: This is less about filling a legal lacuna and more about filling prisons with dissenters. If unchallenged, it risks reducing the world’s largest democracy into a one-party state clothed in the veneer of legality.
References
1. The Hindu, “P. Chidambaram Arrested by CBI in INX Media Case”, 22 Aug 2019.
2. The Hindu, “CEC, EC Appointment Bill Passed without CJI in Panel”, 22 Dec 2023.
3. Indian Express, “Rules on CCTV Footage Retention Shortened to 45 Days”, Jan 2024.
4. PRS Legislative Research, Election Commission Amendment Bill, 2023.
5. India Today, “ED Raids on Opposition Leaders Across States”, multiple reports, 2019–2024.
6. Times of India, “Ajit Pawar’s ED Cases Go Quiet After Joining NDA”, 2023.
7. Scroll.in, “ED, CBI Cases Against Opposition Leaders in Modi Era”, 2024.
8. Twitter/X, Omar Abdullah (@OmarAbdullah), August 2025.
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