File photo NEW DELHI: As a key parliamentary committee gets down to adopting recommendations on a contentious anti-corruption bill, its draft report has acknowledged that an “overwhelming majority of stakeholders” have found the clause of removing the PM, CMs or ministers from office if they are in custody for 30 consecutive days “constitutionally problematic” as it is delinked from any judicial outcome of culpability.One of the recommendations made in the draft report is that the bill carry a sunset or an automatic reversal clause that states the barring of the person from holding office will lapse upon his discharge or if the prosecution fails to proceed with the case within a defined period, sources said. This will ensure the removal based on an unproven allegation does not turn into a de facto permanent disentitlement, they said.The draft report is open to changes backed by a majority of panel members. Once adopted, it will be tabled in Lok Sabha, raising the possibility of govt seeking its passage in Parliament to make it into a law.Despite strong objections to the 30-day arrest trigger, the draft report’s recommendations do not substantially amend the proposal, instead calling for using the word “suspension” in place of “removal” from office to avoid stigma or presumption of guilt.Sources said the home ministry, in its reply, has objected to the term “suspension”, arguing that it implies a transient state where a person retains the legal title, rank and status of office while being barred from discharging their duties.The draft report says the most commonly proposed alternative to the 30-day custody trigger was shifting the yardstick to the stage of framing of charges.Get the latest India news and live updates. Download the TOI App.End of ArticleFollow Us On Social MediaVideosBig Setback To Mamata Banerjee As Loyalist Anubrata Mandal Joins Ritabrata-Led Rebel CampOperation Lotus In Kashmir? CM Omar Abdullah Claims BJP Offered NC MLAs Rs 20-30 Crore In JammuSIA Kashmir Secures Interpol Red Corner Notice Against Hizbul Terrorist KandooWhat India Gained From PM Modi’s New Zealand Visit: Defence, Trade, Indo-Pacific & More15 Indian Tourists Confirmed Dead As Speedboat Capsizes Off Vietnam’s Phu Quoc IslandSonam Wangchuk Rejects ‘Modern Gandhi’ Label As Hunger Strike Enters Fourteenth Day In DelhiSupriya Sule Dismisses Pawar-Shinde Meeting Row, Calls It A ‘Storm In A Tea Cup’ Amid SpeculationINS Mahendragiri Joins Indian Navy, Boosting Maritime Power Amid Indo-Pacific Challenges | WatchHighway Blocked, Resignations Threatened As BJP Faces Backlash Over Ticket Choice In MPNEET Paper Leak Traced To Contracted Paper Setters, Charge Sheet Likely This Month | Watch123PhotostoriesWhy India is facing a diabetes explosion: Stanford’s top 2% scientist reveals the hidden reasons Indians develop it younger than the rest of the worldHow hand-painted Kalamkari is created: The story behind India’s legendary textile artFrom Priyanka Chopra to Ananya Panday: 5 best Wimbledon looks ever worn by Indian celebritiesChristopher Nolan’s best films to watch, ahead of ‘The Odyssey’: From ‘Oppenheimer’ to ‘Memento’10 foods that quietly contain too much saltWHO warns global cancer cases could nearly double by 2050; lifestyle changes, pollution and delayed diagnosis are fueling the riseAnkur Warikoo’s viral post on love after 20 years of marriage is striking a chord online10 foods that originated in India but became famous around the worldAlia Bhatt elevates a classic silk saree with modern draping at Akansha Ranjan Kapoor’s wedding festivitiesStylish Shubman Gill joins Anjali Sachin Tendulkar at Wimbledon 2026; fans ask, ‘Where is Sara?’123Hot PicksTravis Kelce and Taylor SwiftBlake LivelyAlex OvechkinJayden Adams DeathAlex PereiraJayden Adams Net WorthNico HischierStrait of HormuzSimone BilesTop TrendingWilliam NylanderVietnam Boat AccidentTelangana Techie Wife MurderFIFA World Cup 2026Chhattisgarh Student MurderTS EAMCET Phase 1 seat allotmentRamesh MhatreDelhi NCR rainGurgaon EncounterIran war

File photo NEW DELHI: As a key parliamentary committee gets down to adopting recommendations on a contentious anti-corruption bill, its draft report has acknowledged that an “overwhelming majority of stakeholders” have found the clause of removing the PM, CMs or ministers from office if they are in custody for 30 consecutive days “constitutionally problematic” as it is delinked from any judicial outcome of culpability.One of the recommendations made in the draft report is that the bill carry a sunset or an automatic reversal clause that states the barring of the person from holding office will lapse upon his discharge or if the prosecution fails to proceed with the case within a defined period, sources said. This will ensure the removal based on an unproven allegation does not turn into a de facto permanent disentitlement, they said.The draft report is open to changes backed by a majority of panel members. Once adopted, it will be tabled in Lok Sabha, raising the possibility of govt seeking its passage in Parliament to make it into a law.Despite strong objections to the 30-day arrest trigger, the draft report’s recommendations do not substantially amend the proposal, instead calling for using the word “suspension” in place of “removal” from office to avoid stigma or presumption of guilt.Sources said the home ministry, in its reply, has objected to the term “suspension”, arguing that it implies a transient state where a person retains the legal title, rank and status of office while being barred from discharging their duties.The draft report says the most commonly proposed alternative to the 30-day custody trigger was shifting the yardstick to the stage of framing of charges.Get the latest India news and live updates. Download the TOI App.End of ArticleFollow Us On Social MediaVideosBig Setback To Mamata Banerjee As Loyalist Anubrata Mandal Joins Ritabrata-Led Rebel CampOperation Lotus In Kashmir? CM Omar Abdullah Claims BJP Offered NC MLAs Rs 20-30 Crore In JammuSIA Kashmir Secures Interpol Red Corner Notice Against Hizbul Terrorist KandooWhat India Gained From PM Modi’s New Zealand Visit: Defence, Trade, Indo-Pacific & More15 Indian Tourists Confirmed Dead As Speedboat Capsizes Off Vietnam’s Phu Quoc IslandSonam Wangchuk Rejects ‘Modern Gandhi’ Label As Hunger Strike Enters Fourteenth Day In DelhiSupriya Sule Dismisses Pawar-Shinde Meeting Row, Calls It A ‘Storm In A Tea Cup’ Amid SpeculationINS Mahendragiri Joins Indian Navy, Boosting Maritime Power Amid Indo-Pacific Challenges | WatchHighway Blocked, Resignations Threatened As BJP Faces Backlash Over Ticket Choice In MPNEET Paper Leak Traced To Contracted Paper Setters, Charge Sheet Likely This Month | Watch123PhotostoriesWhy India is facing a diabetes explosion: Stanford’s top 2% scientist reveals the hidden reasons Indians develop it younger than the rest of the worldHow hand-painted Kalamkari is created: The story behind India’s legendary textile artFrom Priyanka Chopra to Ananya Panday: 5 best Wimbledon looks ever worn by Indian celebritiesChristopher Nolan’s best films to watch, ahead of ‘The Odyssey’: From ‘Oppenheimer’ to ‘Memento’10 foods that quietly contain too much saltWHO warns global cancer cases could nearly double by 2050; lifestyle changes, pollution and delayed diagnosis are fueling the riseAnkur Warikoo’s viral post on love after 20 years of marriage is striking a chord online10 foods that originated in India but became famous around the worldAlia Bhatt elevates a classic silk saree with modern draping at Akansha Ranjan Kapoor’s wedding festivitiesStylish Shubman Gill joins Anjali Sachin Tendulkar at Wimbledon 2026; fans ask, ‘Where is Sara?’123Hot PicksTravis Kelce and Taylor SwiftBlake LivelyAlex OvechkinJayden Adams DeathAlex PereiraJayden Adams Net WorthNico HischierStrait of HormuzSimone BilesTop TrendingWilliam NylanderVietnam Boat AccidentTelangana Techie Wife MurderFIFA World Cup 2026Chhattisgarh Student MurderTS EAMCET Phase 1 seat allotmentRamesh MhatreDelhi NCR rainGurgaon EncounterIran war


Stakeholders: PM, CMs removal clause 'unconstitutional'

NEW DELHI: As a key parliamentary committee gets down to adopting recommendations on a contentious anti-corruption bill, its draft report has acknowledged that an “overwhelming majority of stakeholders” have found the clause of removing the PM, CMs or ministers from office if they are in custody for 30 consecutive days “constitutionally problematic” as it is delinked from any judicial outcome of culpability.One of the recommendations made in the draft report is that the bill carry a sunset or an automatic reversal clause that states the barring of the person from holding office will lapse upon his discharge or if the prosecution fails to proceed with the case within a defined period, sources said. This will ensure the removal based on an unproven allegation does not turn into a de facto permanent disentitlement, they said.The draft report is open to changes backed by a majority of panel members. Once adopted, it will be tabled in Lok Sabha, raising the possibility of govt seeking its passage in Parliament to make it into a law.Despite strong objections to the 30-day arrest trigger, the draft report’s recommendations do not substantially amend the proposal, instead calling for using the word “suspension” in place of “removal” from office to avoid stigma or presumption of guilt.Sources said the home ministry, in its reply, has objected to the term “suspension”, arguing that it implies a transient state where a person retains the legal title, rank and status of office while being barred from discharging their duties.The draft report says the most commonly proposed alternative to the 30-day custody trigger was shifting the yardstick to the stage of framing of charges.



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