Elected representatives jailed for 30 days on serious charges could lose their posts – even without a conviction. Critics say the government could use this to topple opposition state governments.

New Delhi, India – The Indian government tabled a new bill earlier this week in parliament under which a prime minister, state chief minister or other federal or state minister can be removed from office if they are facing criminal investigations – even before they are convicted.

The draft law proposed by Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) mandates the automatic removal of elected officials if they are detained for 30 consecutive days on charges carrying a minimum sentence of five years.

Even as Amit Shah, India’s home minister who is widely seen as Modi’s deputy, presented the bill in parliament, members of the opposition ripped apart legislative papers and hurled them at Shah, before the house was suspended amid chaos.

The opposition, strengthened in the 2024 national election in which the BJP lost its majority and was forced to turn to smaller allies to stay in power, has slammed the bill as an example of “undemocratic” weaponising of laws against dissent.