Running Government from Jail Is an Insult to Democracy, Says Union Home Minister Amit Shah
(Syed Ali Taher Abedi)
Delhi, August,25,2025- New Delhi, Aug 25: Union Home Minister Amit Shah on Sunday criticized the opposition for obstructing the presentation of a constitutional amendment bill in Parliament, calling their conduct undemocratic and against the spirit of debate. Shah clarified that the bill would be referred to a Joint Parliamentary Committee (JPC), as he had already stated, and stressed that the passage of the bill would require a two-thirds majority—providing ample opportunity for all parties to express their views.
Speaking to reporters, Shah said that the role of Parliament is to engage in debate and discussion, not disruption. “This mentality of not allowing the bill to be presented is not democratic. The opposition will have to explain their actions to the people of this country,” he said.
Shah clarified that the bill targets no specific opposition party and also applies to Chief Ministers. He accused the opposition of misleading the public by claiming FIRs aren’t filed against those in power. He explained that if bail is granted within 30 days, no action will be taken under the bill, and courts can intervene in fake cases. Emphasizing judicial safeguards, Shah noted that the High Court and Supreme Court retain the power to grant bail, but questioned whether leaders should govern from jail, calling it harmful to democracy. If bail comes after 30 days, he said, they can retake oath.
Shah said that the provision of imprisonment was not made by our government, it has been going on for years. He said that in the 130th Constitutional Amendment, serious crime has been defined as where there is a provision of punishment of more than 5 years, then the person will have to resign. It is not right that ministers, chief ministers or prime ministers who are accused of corruption or crimes punishable with more than 5 years of imprisonment should run the government from jail. He said that even today there is a provision in the Representation of People Act of India that if any elected representative is sentenced to two years or more, he will be relieved of his position as an MP. He said that this law has been in place since independence to determine moral grounds. Shah said that the membership of many people were terminated and were also revived upon acquittal.
Amit Shah said that since independence, many leaders, ministers and chief ministers have resigned and gone to jail. But now this trend has started that even after going to jail, they did not resign. Some ministers of Tamil Nadu, and Chief Minister and ministers of Delhi did not resign. He said that will the Secretary of the Government, DGP, Chief Secretary go to them in jail to get orders? Shri Shah said that there should be concern and discussion on this issue.
Shah said that Prime Minister Modi has himself brought the office of Prime Minister under the ambit of this constitutional amendment. He said that the then Prime Minister of the main opposition party had brought the 39th Constitutional Amendment in which she kept herself out of the scope of lawsuits along with the President and Vice President.
Shah said that Prime Minister Mr. Narendra Modi himself introduced a constitutional amendment mandating that even the Prime Minister must resign if sent to jail. He said that there will be no delay in the court in this law because the court will have to intervene immediately. This will lead to a quick decision because our courts also understand the seriousness of the law.
Amit Shah said that PM Modi very clearly believes that no Minister, Chief Minister or Prime Minister in the country can run the government while being in jail. He said that when the Constitution was made, the Constitution makers would not have imagined that any Chief Minister would go to jail and still remain the Chief Minister. He said that we should not let the level of our moral values fall. This law will give a base to the level of moral values and will definitely strengthen our democracy. He said that our courts are sensitive and when someone could lose their positions, then definitely the courts will decide on bail within the time limit.
Union Home Minister said that it does not suit the main opposition party to talk about vendetta. He said that during the time of the opposition government, CBI investigation was done after the court’s order in at least 12 cases and many people got trapped. He said that if any party boycotts it even after the decision to form a JPC on the proposed law, then there is no other option available before the government. Shri Shah said that this bill is important and after consulting members of all parties, a considered opinion should be arrived at before the JPC. He said that the government gives the opposition a chance to present its views but it seems the opposition does not want to present its views, and the people of the country are witnessing it. The Home Minister said that if someone is neck deep in corruption, then he will be arrested, he will have to go to jail and will also have to resign.
Amit Shah said that the opposition should not teach him lessons on morality. Shri Shah said that when he was accused and the CBI sent him a summon, he resigned the very next day. The case went on and the judgment also came that he was completely innocent. He said that it was said in that judgment that it was completely a case of political vendetta and he had no involvement in that case, whatsoever. Shri Shah said that he was not acquitted on the basis of doubt but the case against him was dismissed. Shri Shah said that he was granted bail on the 96th day but even then, he did not take oath to become the Home Minister. Not only this, he did not take oath for any constitutional post until all the charges against him were dismissed.
Amit Shah said that the standard of morality is not tied to electoral victory or defeat; rather, it remains constant, like the sun and the moon, always in their place. He said that all our allies are completely in agreement with this law. Shri Shah said that it is not only the ruling party that decides how the Parliament should function. If the opposition does not create a healthy environment for any bill or constitutional amendment, then the people of the country are watching all this. He expressed confidence that this bill will be passed and there will be many people in the opposition who will support it on the basis of morality.
