Kapil Sibal slams BJP’s Bill 111 and 113 to remove Chief Ministers, calling them “termites in the Constitution” and a threat to India’s democracy and constitutional framework.
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NEW DELHI: Rajya Sabha MP and senior advocate Kapil Sibal addressed the media on Thursday regarding two controversial bills introduced in the Lok Sabha by the Home Minister, Bill 111 of 2025 and Bill 113 of 2025. While Bill 111 is proposed to be implemented across India except for Union Territories, Bill 113 applies specifically to the Union Territories.
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He criticized two contentious bills introduced in the Lok Sabha by Union Home Minister Amit Shah. According to Sibal, these bills seek to remove ministers, chief ministers, and even the Prime Minister if they are detained or arrested for 30 consecutive days over an offence punishable with imprisonment of five years or more.
During the Press Conference of Kapil Sibal on the proposed constitutional amendment through Bill 111 and 113 of 2025, he said,
“These bills act like termites in the Constitution of India, attacking the very fundamentals of our democracy.”
Sibal described the bills as a targeted move against Opposition leaders, highlighting that no such cases have been filed against ministers in the current Union government.
“I want to ask the Home Minister, has any FIR been filed against anyone from the Union government?”
he questioned during the press briefing.
Sibal’s Concerns
Kapil Sibal raised multiple objections to the intent and potential consequences of the bills:
- Sibal argued that the bills appear designed to target opposition ministers in states where the BJP is not in power, citing examples of leaders like Arvind Kejriwal, Manish Sisodia, Hemant Soren, and others, who have faced lengthy investigations or legal scrutiny.
- He stressed that the bills attack the very foundations of democracy and constitutional safeguards, as they allow the removal of ministers before due process, violating the principle that a person is innocent until proven guilty.
- Sibal pointed out that these are constitutional amendment bills and would require a two-thirds majority (363 votes in the Lok Sabha) to pass. With the NDA currently holding 293 seats, the bills are unlikely to be approved.
- Undermining Democratic Institutions: He expressed concern that the bills, along with other administrative actions such as the manipulation of voter lists and the misuse of investigative agencies, are part of a larger effort to weaken the democratic framework.
- Sibal warned that such laws act like termites in the Constitution, slowly eroding centuries of struggle to establish a free and democratic India post-colonial rule.
Constitutional Concerns
Sibal emphasized that the bills cannot realistically be passed as they require a two-thirds majority in Parliament for constitutional amendments, which the ruling NDA currently lacks. The NDA has 293 MPs, while 363 votes are needed for the required two-thirds majority
The Key Provisions
- Bill 111 of 2025: Applicable across India except Union Territories.
- Bill 113 of 2025: Applicable only to Union Territories.
- Both bills propose that a minister, chief minister, or the Prime Minister must resign if they are in custody for 30 consecutive days on charges carrying a sentence of five years or more. Failure to resign by the 31st day will result in removal by the President or Governor.
What the Bills Propose
According to Kapil Sibal, the bills stipulate that any minister, whether at the central or state level, facing an FIR for offenses carrying a sentence of more than five years would be required to resign within 30 days. If the minister fails to do so, the President (for central ministers, including the Prime Minister) or the Governor (for state ministers) would remove them from office on the 31st day.
In effect, even sitting Chief Ministers, Union Ministers, or the Prime Minister could be forced to step down at an early stage of investigation, even before a charge is proven or a trial concludes.
Democracy and Human Rights at Risk
The senior advocate warned that the bills represent a broader erosion of constitutional safeguards and human rights. He cited examples of Opposition leaders such as Arvind Kejriwal, Manish Sisodia, H.D. Jain, and Hemant Soren, who have faced prolonged incarceration merely based on FIRs.
“Once a person is in custody, it often takes months or even years to secure bail. This bill accelerates their removal from office, even before any conviction,”
he said.
Sibal further highlighted concerns over electoral manipulation, pointing to the special intensive revision of voters’ lists in Bihar, where thousands of names were removed and added improperly, undermining the very foundation of democracy. He said such practices act like “termites” eating away at the Constitution, warning that these bills aim to target Opposition leaders while leaving those in power untouched.
Concluding his address, Sibal appealed to the government,
“Don’t destroy the hundreds of years of struggle by the people of India to build a free and democratic nation. These actions, if implemented, threaten the very foundations of democracy.”
READ/DOWNLOAD The Constitution (130th Amendment) Bill, 2025
READ/DOWNLOAD The Government of Union Territories (Amendment) Bill, 2025
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