"Patently unconstitutional Bill": Rajya Sabha MP P Chidambaram slams new Lok Sabha legislation

New Delhi [India], August 21 (ANI): Rajya Sabha MP and senior Congress leader P Chidambaram sharply criticised the government for introducing the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 in Parliament, calling it an extraordinary and patently unconstitutional Bill.

The Jammu and Kashmir Reorganisation (Amendment) Bill seeks to amend section 54 of the 2019 Act to provide a legal framework for the removal of the Chief Minister or Minister upon arrest or detention on serious criminal charges.

Chidambaram called the bail-related provision bizarre, noting it sidelines charges, trial, and conviction by overturning the democratic verdict of the people with a mere arrest.

Chidambaram in a post on X, The government introduced an extraordinary and patently unconstitutional Bill in the Lok Sabha yesterday. If an arrested Chief Minister does not get bail in 30 days, he will cease to be Chief Minister! Have you heard of anything more bizarre in the legal world?

He highlighted the practical challenges in India judicial system, which he suggested is often based on fake charges.

The Congress worte, No charges, no trial, no conviction but the verdict of the people in an election will be overturned by a mere arrest (usually on fake charges) Nowadays, trial courts seldom grant bail. High Courts are reluctant to grant bail. Thousands of bail applications land in the Supreme Court every month. This process will take many weeks.

Chidambaram labelled the bill as illegal, unconstitutional, anti-democratic and anti-federal, cautioning that it threatens the foundations of democracy and federalism.

Meanwhile, 30 days will pass, and the elected government will be destabilised. Can there be anything more illegal, unconstitutional, anti- democratic and anti-federal? he wrote.

The reaction comes a day after Union Home Minister Amit Shah tabled the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, to further amend the Constitution of India and the Government of Union Territories (Amendment) Bill, 2025, apart from the bill to amend the Jammu and Kashmir Reorganisation Act, 2019.

The bills have been referred to a Joint Committee of the Lok Sabha and Rajya Sabha.

The Jammu and Kashmir Reorganisation (Amendment) Bill 2025 seeks to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to provide a legal framework for the removal of the Chief Minister or a Minister in case of arrest or detention in custody on account of serious criminal charges. (ANI)

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