Kapil Sibal further criticised the bills, claiming that they are aimed at targeting the Opposition Chief Ministers and ministers.
Published Aug 21, 2025 | 10:16 PM ⚊ Updated Aug 21, 2025 | 10:16 PM
Kapil Sibal. (Screengrab)
Synopsis: Senior advocate and Rajya Sabha MP Kapil Sibal criticised Bills 111 and 113 of 2025, introduced by Home Minister Amit Shah, calling them unconstitutional and a ploy to target Opposition leaders. He warned they undermine democracy, bypass legal process, and distract from electoral issues. Sibal slammed the Election Commission’s conduct and urged the government not to erode constitutional values.
Senior lawyer and Rajya Sabha Member Kapil Sibal addressing the press on Thursday, 21 August, spoke about the bills introduced by Union Home Minister Amit Shah.
Listing them, he noted, “Bill No. 111 of 2025 and Bill No. 113 of 2025 were introduced in Parliament by the Home Minister. Bill 111 applies to India, except the Union Territories, while Bill 113 applies specifically to the Union Territories.”
Explaining the bills that have now been referred to a Joint Parliamentary Committee, the MP elaborated, “According to the bills, if there is a minister — whether at the Centre, state, a Chief Minister, or even the Prime Minister — and if an FIR is registered against them for an offence punishable with more than five years of imprisonment, and if that person remains in custody for 30 days, then on the 31st day, they must resign. If they do not resign, the President or the Governor, as applicable, will remove them from office.”
Kapil Sibal further criticised the bills, claiming that they are aimed at targeting the Opposition Chief Ministers and ministers.
“This is because the Home Minister has been very lenient with his own ministers and those in BJP-ruled states, as if they can do no wrong.”
Listing out high profile cases in which non NDA leaders were arrested, he said, “But every Opposition Chief Minister becomes a target. They are made to languish in jail for months — just like Arvind Kejriwal, Manish Sisodia, Satyendra Jain, Hemant Soren, and others. You are saying that after 30 days in custody, on the 31st day, the person must either resign or be removed.”
The senior advocate further noted that the bill can not be passed in the parliament, with it being a constitutional amendment, which needs two-thirds majority.
“The NDA has only 293 seats, whereas to pass a Constitutional Amendment, a two-thirds majority — 363 votes — is required. So they cannot pass this bill. But still, they are trying to destroy the very fundamentals of the Constitution,” he added.
“Why are they doing this? Because they know that a person is considered innocent until proven guilty — not only when charges are framed, but even during the stage of investigation. Yet, people are being held in custody by the CBI or under the PMLA, and getting bail takes years. So by using this process, they are trying to hold on to power — even by corrupting the voter list. That in itself is an attack on the foundations of democracy,” he charged at the BJP ruled Union government.
Calling the bills a diversion tactic from the allegations made by Congress on “Vote theft”, Sibal added, “You are trying to divert attention from that. Your Election Commissioner knows exactly what he is doing. I watched his press conference — he refused to answer questions. Such arrogance has never been seen in the history of this country from any Election Commissioner.”
“Why this arrogance? Because power at the Centre breeds arrogance — and that arrogance trickles down to every level. These laws, and their very initiation, stem from that arrogance.”
He urged, “Do not destroy what the people of this country built through centuries of struggle — the struggle that freed us from the yoke of colonial rule. Do not destroy all of that with such actions. No reasonable person in government would ever take such steps unless their mind is focused on destroying democracy itself.”
(Edited by Sumavarsha)
