The Lok Sabha witnessed heated exchanges on Thursday as the government introduced the Representation of the People (Amendment) Bill, 2025, which proposes sweeping changes to the criteria for disqualifying elected representatives. The legislation, touted by the ruling party as necessary for cleaning up politics, has drawn immediate condemnation from opposition parties and constitutional experts who argue it could fundamentally alter India’s democratic fabric.
What Specific Provisions Make This Bill So Controversial?
The bill introduces three new grounds for disqualification beyond those currently listed in Article 102 of the Constitution. It mandates automatic disqualification for any MP or MLA against whom charges have been framed in cases involving corruption, money laundering, or hate speech. The legislation also lowers the threshold for conviction-based disqualification from the current two-year sentence to one year. Most controversially, it empowers the Election Commission to initiate suo motu proceedings against sitting legislators based on complaints of “moral turpitude”—a term that remains undefined in the bill.
How Are Opposition Parties Responding to These Changes?
Opposition leaders have launched a coordinated attack against what they’re calling the “Disqualification Dragnet.” Congress leader Rahul Gandhi termed it “a legal weapon to target political opponents,” while TMC’s Mahua Moitra warned that “undefined moral turpitude clauses could be used against anyone who questions the government.” Sixteen opposition parties have submitted a joint memorandum to the President seeking intervention, arguing that the bill violates the basic structure doctrine established in the Kesavananda Bharati case. They’ve threatened nationwide protests if the bill is pushed through without parliamentary scrutiny.
What Constitutional Concerns Are Legal Experts Raising?
Constitutional lawyer Gautam Bhatia points to the bill’s potential conflict with the presumption of innocence until proven guilty. “Framing of charges occurs at a preliminary stage where the court hasn’t examined evidence thoroughly,” he explains. “Disqualification at this stage undermines both democratic representation and due process.” Former Attorney General Mukul Rohatgi has questioned the vagueness of the moral turpitude clause, noting that “without clear definition, this could become a political tool rather than a legal standard.”
How Does This Fit Into the Broader Political Context?
The bill arrives amid ongoing investigations against several opposition leaders in various states. Just last month, the Enforcement Directorate filed chargesheets against three sitting MLAs in corruption cases. Government sources maintain the timing is coincidental and that the bill aims to address public demand for cleaner politics. However, political analyst Pratap Bhanu Mehta observes: “When you combine this with other recent legislation affecting election funding and appointment of election commissioners, it creates a pattern that deserves scrutiny.”
What Are the Potential Implications for India’s Federal Structure?
State governments are particularly concerned about the enhanced role proposed for the central government-appointed Election Commission. West Bengal and Tamil Nadu have already indicated they may challenge the bill in Supreme Court if passed, arguing it violates the federal balance by giving central authorities power over state legislators. The bill also doesn’t clarify whether disqualification proceedings would override existing state assembly speaker powers in such matters—a point that could lead to jurisdictional conflicts.
What Happens Next in the Legislative Process?
The bill has been referred to a parliamentary standing committee, but with the government enjoying a majority in both houses, passage seems likely unless significant modifications are made. The committee has called for submissions from legal experts, civil society organizations, and state governments until July 25. Meanwhile, the Supreme Court may see urgent petitions if the bill moves forward without addressing the fundamental concerns about due process and federalism.
The coming weeks will test whether India’s political institutions can balance the legitimate goal of cleaning up politics with protecting the democratic principles that have defined the world’s largest democracy.
