New Delhi : Union Home Minister Amit Shah on Monday questioned the consistency of Congress MP and Leader of the Opposition Rahul Gandhi’s moral stance, suggesting it may have shifted after facing three consecutive electoral defeats. Shah drew a sharp contrast between Gandhi’s past and present positions, recalling the 2013 incident when Rahul Gandhi had publicly rejected and torn an ordinance introduced by then-Prime Minister Manmohan Singh’s cabinet.
“Why did Rahul Ji tear up the ordinance that Manmohan Singh brought to protect Lalu Ji? If there was morality that day, then what happened now? Just because you have lost three consecutive elections? Morality standards are not connected with victory or loss in elections. The ordinance gave convicted lawmakers a three-month reprieve to retain their seats following Lalu Prasad Yadav’s conviction in the Fodder scam.
The Union Home Minister was referring to the Constitution (130th Amendment) Bill, 2025, which proposes automatic removal of top elected officials if they are held in custody for 30 consecutive days on serious criminal charges. Shah strongly defended the bill, adding that it applies equally to all political parties, including the ruling BJP. “I am sure it will be passed. There will be many people in the Congress party and in the opposition who will support morality and maintain the moral ground,” he said.
The bill mandates the automatic removal of the Prime Minister, Chief Ministers, and Ministers if they are arrested and detained for 30 consecutive days on charges punishable by imprisonment of five years or more. The bill, currently under scrutiny by a Joint Parliamentary Committee (JPC) of 31 members from both Houses, has sparked significant political debate.
The Union Home Minister also pointed out that the Prime Minister has included his own office under the bill’s purview, a move he contrasted with former PM Indira Gandhi’s 39th Amendment, which had protected top officeholders from judicial scrutiny. Opposition parties have accused the government of using the bill as a tool to destabilise non-BJP state governments by potentially influencing court proceedings to delay bail beyond 30 days.
“Our court also understands the seriousness of the law. When one has to resign after 30 days, then before that the court will decide whether the person should get bail or not. When the case went to the High Court, it was argued that Arvind Kejriwal should resign because he is in jail.
The High Court said that we believe that he should resign on moral grounds but there is no provision in the current law,” Shah recalled. Shah also questioned whether a Prime Minister, Chief Minister, or any leader could run the country from jail. “My party believes, the Prime Minister of the country believes that no CM, Minister or PM in this country cannot run the government while being in jail.
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