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🚨 BOMBSHELL! JPC reviewing 130th Constitutional Amendment Bill recommends: If PM, Ministers or CMs are in custody for serious crimes for 30 days, they should face SUSPENSION (निलंबन) instead of permanent REMOVAL. 🤯 Key points: -Suspension ends automatically -“Removal” word to be replaced with “suspension” in bill For cases...

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I rise to oppose the introduction of these three bills that provide legal framework for the removal of the PM, CM, Union Ministers and Ministers in States and UTs. This bill is squarely destructive of the basic structure of the Constitution. There should be rule of law: you are innocent until proven guilty. This bill turns that fundamental maxim of jurisprudence on its head. It makes an investigating officer the boss of the Prime Minister of India. The second ground on which I oppose this bill is that it violates Article 21. The due process clause: FIR, arrest, charge sheet, and even framing of charge do not in any manner substantiate guilt. In fact, you plead not guilty only after charges are framed against you. This bill turns the fundamental jurisprudence of Article 21 on its head. Number three. It distorts parliamentary democracy, which is part of the basic structure, by displacing the will of the people through mere custody bereft of a judicial determination. This bill opens the door for political misuse by instrumentalities of the state, whose arbitrary conduct has been repeatedly frowned upon by the Supreme Court. And finally, it throws all existing constitutional safeguards to the winds: collective responsibility, judicial review, no-confidence motion and disqualification conviction. And this makes this amendment excessive, unnecessary and unconstitutional. I condemn these three bills, and they should be withdrawn. : Manish Tewari ji in Lok Sabha

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🚨 Cabinet has today approved a draft law that would significantly rewrite the Constitution, allowing President Mnangagwa to stay in office beyond 2028 and changing how elections are run. Next, the draft Constitutional Amendment No. 3 Bill will be gazetted by the Speaker of Parliament. It will then be tabled in Parliament after 90 days of public debate. If passed, it would amount to one of the biggest constitutional changes in years. Here are the key changes: 🔴 How the President would be chosen The Bill removes the current system of directly electing the President by popular vote. Instead, the President would be elected by Parliament. To win, a candidate must secure a majority of parliamentary votes. 🔴 Longer terms for the President and MPs The Bill increases the term of office for both the President and Members of Parliament from five years to seven years. 🔴 Changes to the Attorney-General’s office Under the Bill, anyone appointed as Attorney-General would need to meet the qualifications required of a Supreme Court judge. 🔴 A bigger Senate The Bill allows the President to appoint ten more senators, increasing the total number from 80 to 90. 🔴 Control of elections Responsibility for voter registration and the voters’ roll would move from ZEC to the Registrar-General. A new Zimbabwe Electoral Delimitation Commission would be set up to take over the task of drawing constituency and ward boundaries from ZEC. 🔴 Judicial appointments The Bill removes the public interview process for judicial appointments. This represents a shift away from the current system of open scrutiny in the selection of judges. 🔴 Role of the Defence Forces The Constitution would be amended to change how the role of the Defence Forces is described. Instead of stating that the military must “uphold” the Constitution, it would say they must act “in accordance with” the Constitution. 🔴 Abolition of the Gender Commission The Bill abolishes the Zimbabwe Gender Commission and transfers its functions to the Zimbabwe Human Rights Commission.

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60,429 Aufrufe • vor 6 Monaten