JPC Reviews Key Bills: PM/CM Resignation Rule, Legal Experts Seek Clarity

The Joint Parliamentary Committee is reviewing three significant bills, including a constitutional amendment that would require a Prime Minister or Chief Minister to resign if detained for 30 consecutive days. Four senior legal experts presented to the committee, supporting the bills in principle but seeking clarifications on specific legal and constitutional provisions. The committee's chairperson, BJP MP Aparajita Sarangi, criticized opposition parties for refusing to participate, while an opposition MP called for broader political consultations. The JPC will continue deliberations, seeking written expert opinions and planning discussions with state governments.

Key Points: JPC Examines Bills on PM/CM Resignation if Detained

  • Bill mandates PM/CM resignation after 30-day detention
  • Legal experts support bills but flag nuances
  • JPC seeks broader political consultation
  • Committee to meet again on January 22
  • Opposition MP calls for inviting parties
4 min read

JPC examines three key bills; experts back proposals in principle, seek clarifications, says sources

Joint Parliamentary Committee reviews three bills, including a constitutional amendment mandating resignation if detained for 30 days. Legal experts back proposals but seek clarifications.

"The government under PM Modi wants to operate within the law, but some political parties want to operate outside the law and run the government from jail. - Aparajita Sarangi"

By Nishant Ketu, New Delhi, January 7

The Joint Parliamentary Committee is reviewing three significant bills, including The Constitution Bill, 2025, which proposes that the Prime Minister or Chief Minister must resign if detained for 30 consecutive days. This aims to ensure accountability in governance.

Two other Bills under review are the Jammu & Kashmir Reorganisation (Amendment) Bill, 2025, and the Government of Union Territories (Amendment) Bill, 2025.

The JPC is seeking broader consultation, following detailed presentations by senior legal experts and a call from an opposition member of parliament on this committee for wider consultations with mainstream opposition parties.

Sources said the panel discussed a key provision in The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which mandates that the Prime Minister or a Chief Minister must resign if he or she remains under detention for 30 consecutive days, failing which, he shall cease to hold office from the day thereafter. The provision is intended to ensure continuity and accountability in executive governance, particularly in extraordinary situations.

In today's meeting, four eminent legal experts presented to the committee. These included Justice (Retd.) Dinesh Maheshwari, Chairperson of the Law Commission of India, Dr Anju Rathi Rana, Member-Secretary of the Law Commission, Prof (Dr) GS Bajpai, Vice Chancellor of National Law University, Delhi and Prof Sri Krishna Deva Rao, Vice Chancellor of NALSAR University of Law, Hyderabad.

According to sources, all four experts supported the Bills in principle, describing them as broadly aligned with constitutional values and democratic governance. However, they also raised queries and sought clarifications on specific provisions across the three Bills, flagging potential legal and constitutional nuances that may require careful drafting or safeguards.

The JPC has now asked the experts to submit their detailed views in writing. They have also been asked to formally respond to the questions raised by Members of Parliament during the deliberations, sources added.

JPC will meet again on January 22 to discuss further.

Giving some details of the meeting, the Chairperson of the Committee and BJP MP Aparajita Sarangi said that the Joint Parliamentary Committee began its consultations today. The Chairperson of the Law Commission of India was present today.

"In addition to him, the Vice-Chancellors of our National Law University and NALSAR Hyderabad were present, and a lengthy discussion was held with officials and representatives of these three institutions. The meeting lasted about three hours, and all MPs and members effectively expressed their views and asked their questions. After this, we will meet again in 15 days. The fourth meeting is going to be held on January 22," the BJP MP said.

"I would like to mention that there are 31 members in this committee. 21 are from the Lok Sabha, and 10 are from the Rajya Sabha. Some political parties refused to participate in this committee. They were invited by the government and the Lok Sabha Speaker in a very polite manner. But they declined and refused to be members of the committee. I think this is very surprising. The government under PM Modi wants to operate within the law, but some political parties want to operate outside the law and run the government from jail. And I think this desire to run the government from jail is very insulting to democracy," Sarangi added.

Meanwhile, an Opposition Member of Parliament called for Opposition parties to be invited to submit before the committee on the proposed legislation. The MP argued that, given the far-reaching constitutional and political implications of the Bills, broader political consultation was essential to ensure transparency and consensus.

Sources informed that the JPC Chairperson has noted the suggestion and will examine the proposal to invite Opposition parties to submit before the committee in the coming days.

The JPCs will continue to take expert opinions, political inputs and constitutional considerations before finalising its report on the three Bills. The Joint Committee of Parliament will also hold discussions with all state governments to take their views.

- ANI

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Reader Comments

P
Priya S
It's concerning that some parties refused to be part of the committee. How can we have healthy democracy without opposition participation? Their views are crucial, especially for bills affecting J&K.
R
Rohit P
Finally! A bill that ensures leaders can't rule from behind bars. This is basic common sense for any democracy. The opposition's boycott is just political drama, as usual.
S
Sarah B
As an observer, the process seems thorough with top legal minds involved. However, the Chairperson's comments about "running government from jail" seem unnecessarily partisan for a parliamentary committee. The focus should remain on the legal merits.
V
Vikram M
The J&K Reorganisation Bill needs maximum public consultation. The people of Ladakh and Kashmir should be heard directly, not just through state govts. Hope the JPC visits the region.
K
Kavya N
Good to see NLU and NALSAR VCs involved. Our young law students follow these debates closely. Transparency in this process will strengthen faith in our institutions. 🙏

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