In a recent development that has stirred the political landscape of India, Rajya Sabha MP Kapil Sibal expressed profound concerns over two major events: the historic suspension of 78 members of Parliament and the passage of three criminal bills, which he criticized as a shift from a “colonial hangover” to a “police state.”
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The suspension of 78 MPs from both Houses of Parliament, the largest single-day expulsion in India’s parliamentary history, has been a subject of intense debate and scrutiny. Sibal, in his response to this unprecedented action, remarked poignantly,
“Mother of Democracy has orphaned it!”
He took to his official social media handle to emphasize the gravity of the situation, urging Indian citizens to take responsibility for ensuring the survival of democracy. This move, initiated by Parliamentary Affairs Minister Pralhad Joshi, was based on allegations of misconduct and disobedience of Chair directives, bringing the total number of legislators suspended for such reasons to 92.
Congress National President Mallikarjun Kharge criticized the government for the suspension, expressing concerns about the potential consequences of an “Opposition-Less Parliament.” He warned that such a scenario could lead to the government bulldozing important pending legislations without any debate or dissent. Kharge’s remarks underscored the fears of a diminishing democratic space in the Parliament.
Simultaneously, Sibal voiced his apprehensions over the recent passage of three criminal bills in the Rajya Sabha, which aim to overhaul India’s criminal justice system. He criticized these bills, claiming there is “nothing Indian” about them and that they largely maintain the status quo, with the remaining changes marking a transition towards a “police state.” This critique was shared on his social media, where he responded to Union Home Minister Amit Shah’s assertion that the bills were made for India and Indians. Sibal’s post read,
“Criminal Law Bills Made for India For Indians, said Shah. My take: Nothing Indian about them 90% remain the same The balance: Move from the ‘colonial hangover’ to a ‘police state.'”
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Amit Shah, on the other hand, celebrated the passage of these bills as a proud moment for the nation, stating that they will replace laws once promulgated by the British and shape an indigenous criminal justice system for India. He highlighted the incorporation of state-of-the-art technologies in the new justice system to deliver transparent and swift justice.
The three bills passed include the Bharatiya Nyaya (Second) Sanhita Bill, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, and the Bharatiya Sakshya (Second) Bill. They aim to replace colonial laws like the IPC, the CrPC, and the Evidence Act. The bills, passed by voice vote, emphasize crimes against women and children, murder, and crimes against the nation.
Kapil Sibal’s remarks reflect a growing concern about the state of democracy in India and the direction of its criminal justice system. The suspension of a large number of MPs and the passage of the new criminal bills have sparked a debate about the balance between maintaining order in Parliament and preserving democratic processes, as well as the evolution of India’s legal framework in the post-colonial era. As these developments unfold, they continue to be a focal point of discussion and analysis in Indian politics and law.
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