The idea of three bills that is being moved by Union Home Minister Amit Shah in the Parliament to provide legal framework for removal of the Prime Minister, Union Ministers, Chief Ministers, and Ministers in states and union territories is said to have come from former chief minister of Delhi Arvind Kejriwal.
According to government sources, the requirement of these three bills came after the capital witness the dilemma on who would unfurl the national flag on Independence Day when Arvind Kejriwal was in jail for more than five months in money laundering case related to the alleged excise policy scam.
“It is a question that when you are in jail, should you not leave the designation? The idea of three bills came from the situation when Arvind Kejriwal was in jail and there was confusion about who would unfurl the national flag. That’s where the idea came from,” sources told Tehelka.
When asked about the Opposition’s claim of blurring the line between accused and convicted, sources informed that there is no question about the conviction.
“When there is a provision of five years of sentence in the case then it becomes necessary to remove or to resign from the post. There is no question about conviction. Should Arvind Kejriwal have not resigned when he was in jail? There was never a requirement of such bill earlier but this very situation gave the idea to the government,” sources told.
The bills say that the Prime Minister, Chief Ministers, Ministers of States and Union Territories who are arrested and detained in custody for 30 consecutive days on allegation of committing an offence punishable with imprisonment for five years or more, shall be removed from office by the 31st day by the President, Chief Minister (in case of State Ministers), Governor (for Chief Ministers) and Lieutenant-Governor (for Chief Minister in Union Territories).
The bills say that they could be subsequently reappointed on release from custody.
