'Is it right that PM or CM runs govt from jail?': Amit Shah defends Criminal Neta Bill

Speaking to ANI in an interview, Shah questioned whether no one from an elected government apart from the jailed PM or CM can run the administration.

He says, "...If the Prime Minister of the country goes to jail, do you think it is right that the Prime Minister or the Chief Minister runs the government from jail? Is there such a belief in this country that the country will not run without the person sitting in the post? Your party has the majority, so someone from your party will come and run the government.

"When you get bail, you must go there... Why should we lose membership (of Parliament) after two years?...During the Congress rule, there was a provision that if there is an order of imprisonment for more than two years from the Sessions Court, then your membership ends automatically..."

In response to the Opposition's charge that the bill will be used by the central government as a tool of political vendetta, Shah said the court will intervene and grant the person bail in terms of any "fake case".

The Bharatiya Janata Party (BJP) strongman also underlined that the bill will be applicable in all states irrespective of who is in power.

"In this country today, the number of NDA CMs is more. The PM is also from the NDA. So this bill does not raise questions only for the opposition. This raises questions for our CMs as well… There is a provision for bail for 30 days. If it is a fake type of case, then the country's High Court and Supreme Court are not sitting with their eyes closed.

"The High Court and Supreme Court have the right to grant bail in any case. If bail is not granted, then you will have to leave the post. I want to ask the people of the country and the Opposition, can a CM, a PM or a minister run their government from jail? Is it appropriate for the democracy of the country?...," he told ANI.

Shah claimed Prime Minister Narendra Modi even included himself in the provision which was earlier not in place.

Speaking in the interview, the Home Minister said former Prime Minister Indira Gandhi had amended the Constitution to protect the PM along with the President and Vice-President from judicial review by Indian courts.

"Narendra Modi ji has brought a constitutional amendment against himself that if the Prime Minister goes to jail, he will have to resign...," Shah said.

He added, "The Prime Minister himself has included the post of PM in this... Earlier, Indira Gandhi had brought the 39th amendment (of protecting the President, VP, PM, and Speaker from judicial review by Indian courts)... Narendra Modi ji has brought a constitutional amendment against himself that if the Prime Minister goes to jail, he will have to resign..."

Shah accused Lok Sabha Leader of Opposition and Congress MP Rahul Gandhi of double-standards saying, "The Congress party is opposing the 130th Amendment Bill openly. When the UPA government was in power, Manmohan Singh was its PM and Lalu Prasad Yadav was a minister. Lalu Prasad was convicted. Manmohan government came up with an ordinance.

"Rahul Gandhi had publicly torn it in a press conference calling it complete nonsense, he had made fun of the ordinance and the decision taken by the cabinet of the country and the PM, the decision taken by the PM of his own party, on moral grounds and Manmohan Singh had become a sorry figure in front of the whole world. Today, the same Rahul Gandhi is hugging Lalu Prasad for forming the government in Bihar. Is this not double standard?"

What is Criminal Neta Bill?

The Criminal Neta Bill aims to automatically remove top elected officials if they're imprisoned for 30 days on serious charges—even before conviction.

While the government endorses it as a measure of accountability and democratic responsibility, the opposition warns it flouts legal safeguards and democracy. 

Opposition's reactions

Rahul Gandhi said, " We are going back to medieval times when the king could just remove anybody at will. There was no concept of what an elected person is.

"He doesn't like someone's face, so he tells ED to file a case and then a democratically elected person is wiped out within 30 days... This is new."

Congress MP Priyanka Gandhi Vadra said, "I see the bill for the removal of CMs and ministers as a completely draconian thing. To say it as an anti-corruption measure, is just to pull a veil across the eyes of the people.

"Tomorrow, you can put any kind of a case on a CM, have him arrested for 30 days without conviction, and he ceases to be a Chief Minister. It is absolutely wrong, anti-constitutional, undemocratic and very unfortunate."

An excerpt of West Bengal Chief Minister Mamata Banerjee's long X post reads, "I condemn the 130th Constitutional Amendment Bill, proposed to be tabled, by the Government of India today. I condemn it as a step towards something that is more than a super- Emergency, a step to end the democratic era of India for ever. This draconian step comes as a death knell for democracy and federalism in India.

"To suppress the voting rights of the Indian citizens in the name of Special Intensive Revision (SIR) , this is another super- draconian step by the Centre now."