Discharge of Arvind Kejriwal Yesterday and the 103rd Constitution Amendment Bill

[Sukla Sen]

Apropos of today, some old pieces on the blog, from the time that 

@ArvindKejriwal

 was contesting his arrest/imprisonment...

1. Distortion begets Distortion: On the Arvind Kejriwal “Interim Bail” Order (11 May, 2024) --

(Ref.: <https://x.com/i/status/2027273569647083850>.)

The discharge by a CBI court yesterday of former Delhi Chief Minister Arvind Kejriwal and his ministerial colleague Manish Sisodia -- after incarcerations for approximately five and seventeen months respectively before obtaining regular bails, of corruption charges related to liquor licensing in Delhi slapped by the CBI, further backed up by the ED -- also controlled by the Union Government (ref.: <https://www.reuters.com/world/india/indian-court-throws-out-alleged-corruption-case-against-opposition-leader-2026-02-27/⁠>), is a graphic illustration of the danger posed by the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, tabled by Union Home Minister Amit Shah in Parliament on August 20, 2025. (Ref.: <https://prsindia.org/billtrack/the-constitution-one-hundred-and-thirtieth-amendment-bill-2025>.)

The Bill aims to ensure automatic removal of high-ranking state officials, including the Prime Minister, Chief Ministers, and other Ministers, if they are arrested and remain detained for 30 consecutive days on serious criminal charges of corruption or other offenses punishable by imprisonment of five years or more.

Yet another similar high profile case in the recent past was that of the then (and present) Chief Minister of opposition-ruled Jharkhand. (Ref.: '‘Focus on complaints already filed’: SC stays ED criminal proceedings against Soren' at <https://indianexpress.com/article/legal-news/hemant-soren-sc-ed-criminal-proceedings-complaints-filed-10552139/>.)

In glaring contrast, a number of cases against opposition political leaders have either been put in the deep freeze or dropped altogether on their joining the BJP, the ruling party at the Centre. (Ref.: 'Since 2014, 25 Opposition leaders facing corruption probe crossed over to BJP, 23 of them got reprieve' at <https://indianexpress.com/article/express-exclusive/since-2014-25-opposition-leaders-facing-corruption-probe-crossed-over-to-bjp-23-of-them-got-reprieve-9247737/>.)

That, no doubt, rather definitively shows up the real intent behind the said Bill and the din raised by the Prime Minister and his cohorts by weaponising it: <https://www.ptinews.com/story/national/modi-slams-opposition-over-corruption--defends-new-bill-to-bar-jailed-leaders-from-clinging-to-posts/2847108>.

Peace Is Doable