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In a blogpost, he mentioned the Bills undermines the presumption of innocence, destabilises governance, and entrenches inequality.
Home Minister Amit Shah had in August launched in Lok Sabha three Bills — The Government of Union Territories (Amendment) Bill-2025, the Constitution (One Hundred And Thirtieth Amendment) Bill-2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill-2025 — for the elimination of Prime Minister, Chief Ministers, and Ministers beneath arrest for 30 consecutive days on critical costs.
Both homes in Parliament have handed a decision to refer the payments to a JPC.
The TMC Rajya Sabha chief mentioned the Bills declare to advertise accountability, however on shut inspection, they undermine the presumption of innocence.
“Far from strengthening democracy, it risks weaponising arrests as political tools,” he mentioned.
Mr. O’Brien harassed that it overrides the citizens’s will and not using a judicial conviction and opens a door to political abuse.
“How to lose your seat in 30 days- Step 1: Forget voters, forget courts – they no longer decide your fate… Step 2: Wait for a politically motivated FIR… Step 3: Get remanded to custody and let procedural delays carry you past Day 30,” he mentioned.
The TMC Rajya Sabha chief mentioned whereas the Indian prison jurisprudence talks about one basic precept – harmless till confirmed responsible, this invoice flips that precept on its head by imposing a penalty, lack of workplace, primarily based solely on arrest and detention.
“It bypasses trial and conviction entirely. That is precisely the kind of arbitrariness Article 21 forbids. Yet, the Bill treats detention as de facto conviction,” he mentioned, including that it equates arrest with guilt, overrides the citizens’s mandate, weakens separation of powers, destabilises governance, and promotes inequality.
He underlined that India’s jail inhabitants is overwhelmingly made up of undertrials, constituting 75% of the whole jail inhabitants.
“Interestingly, since 2014, at least 12 sitting opposition ministers have been arrested; nine of them from non-BJP-ruled states. Eight crossed the 30-day custody mark. Under the Bill, they would have been automatically stripped of office despite never being convicted,” he mentioned.
He additionally mentioned the Bill doesn’t clarify the 30-day threshold.
“Pre-trial custody can, and frequently does, extend beyond 30 days because of routine procedural delays”.
“Even under BNSS, default bail is set at 60/90 days; the Bill’s 30 day has no procedural anchor,” he mentioned, including the regulation dangers disqualifying leaders earlier than their trials even start.
“The Bill seems to replace the principle of ‘innocent until proven guilty’ with ‘jobless until granted bail’.”
Mr. O’Brien mentioned the Constitution separates political accountability from judicial and govt actions, and the Bill collapses this boundary, inviting misuse.
He mentioned the Bills may deliver governance to a halt.
“Consider the consequences if a Prime Minister or Chief Minister is arrested, even briefly. Governance could grind to a halt, destabilising elected governments on the basis of unproven allegations,” he mentioned.
“Accountability in politics must be rooted in conviction, not custody. Otherwise, democracy itself risks becoming captive to the whims of arrest,” he added.
Mr. O’Brien additionally referred to the Supreme Court pulling up the Delhi Police earlier this week for not submitting its reply to the bail pleas filed by activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa Ur Rehman, who’ve been in jail for over 5 years with out trial.
He additionally referred to the SC ruling on restarting MGNREGS in West Bengal.
“Both hearings showed the court pushing back against long delays and executive overreach,” he mentioned, including, Parliament’s understanding of the identical points “seems to be moving in the opposite direction”.
