When Ethics Meet Law: The Limits of Constitutional Mandates in Governance
The 130th Constitution Amendment Bill, which seeks to mandate resignation of the Prime Minister, Chief Ministers, or Ministers if arrested and detained for 30 consecutive days on specific charges, raises complex constitutional questions. While the bill aims to promote ethical governance, it intrudes into a domain traditionally reserved for political judgment rather than legal compulsion.
The Constitution balances legal procedures and political accountability, leaving room for elected representatives to defend themselves without automatic disqualification. Making resignation mandatory upon arrest could undermine the presumption of innocence and disrupt democratic processes.
Ethical expectations, though important, cannot always be codified into constitutional mandates without risking misuse or political vendettas. This amendment challenges the delicate separation between legal enforcement and political discretion, potentially setting a precedent that blurs these boundaries.
Ultimately, fostering accountability requires nuanced debate, respecting both legal rights and political responsibilities within the constitutional framework.
