The Constitution 130th Amendment Bill 2025 was introduced in the Lok Sabha by Union Home and Cooperation Minister Shri Amit Shah on August 20, 2025. This landmark amendment seeks to close a long-standing gap in the Constitution regarding the removal of the Prime Minister, Chief Ministers, and Union/State Ministers who face serious criminal charges and are in jail.

The Bill is a part of the Modi government’s broader agenda to strengthen political integrity, ensure accountability in governance, and respond to growing public anger against corruption in politics.

Background and Need for the Constitution 130th Amendment Bill 2025

For decades, Indian politics has faced a disturbing trend where leaders, including Chief Ministers, continued to govern from jail after being arrested on corruption or criminal charges.

• The arrest of V. Senthil Balaji (DMK Minister, 2023) highlighted this gap, as controversies arose over whether a jailed minister could continue in office.
  
• Similarly, recent cases involving sitting Chief Ministers such as Arvind Kejriwal (Delhi) and Hemant Soren (Jharkhand) have sparked public debate.
  

When the Constitution was framed, its drafters did not imagine a scenario where leaders would refuse to resign on moral grounds even after being arrested. The 130th Amendment Bill now directly addresses this issue.

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Key Provisions of the Constitution 130th Amendment Bill 2025

1. Amendments to the Constitution
   
   • Article 75: Relates to the Council of Ministers at the Union level.
     
   • Article 164: Concerns the Council of Ministers in the States.
     
   • Article 239AA: Applies to the National Capital Territory of Delhi.
     
2. Removal Clause
   
   • If a Minister (Prime Minister, Chief Minister, or Minister) is arrested and detained for 30 consecutive days on charges carrying punishment of five years or more:
     
     • The President (on the PM’s advice/directly) removes Union Ministers/PM.
       
     • The Governor (on CM’s advice) removes State Ministers.
       
     • The Governor (directly) removes the Chief Minister.
       
     • Similar provisions apply to Union Territories and J&K.
       
3. Reappointment
   
   • A Minister may return to office if later released on bail and cleared through due legal process.
     
4. Bail Provision
   
   • Within 30 days of arrest, the accused politician can seek bail.
     
   • If bail is not granted, disqualification from office begins automatically from the 31st day.

Justification and Rationale

• Good Governance: Ministers in jail cannot effectively run governments. This reform ensures smooth administration.
  
• Moral Standards in Politics: Public representatives must remain above suspicion and uphold people’s trust.
  
• Constitutional Gap: The Constitution earlier lacked clear removal provisions; courts relied on the “pleasure of the Governor/President” doctrine.
  
• Integrity in Public Life: The Bill seeks to strengthen democratic values and restore faith in governance.

Political and Legal Context

• Emergency Reference: Amit Shah recalled the 39th Constitutional Amendment (1975) during the Emergency, which gave immunity to the then Prime Minister. In contrast, the new Bill aims to bring the PM and Ministers within the ambit of law.
  
• Judicial Concerns: The Supreme Court in earlier cases stressed that Governors’ powers under Article 164 are not absolute but subject to the Council of Ministers’ advice.
  
• Controversial Arrests: Opposition parties argue that the Bill may be misused by central agencies to target non-BJP leaders, destabilizing state governments.

Related Legislative Measures

Along with the Constitution 130th Amendment Bill 2025 two other Bills were introduced in Parliament:

1. Union Territories (Amendment) Bill, 2025 – Amends the Government of Union Territories Act, 1963.
   
2. J&K Reorganisation (Amendment) Bill, 2025 – Updates provisions from the 2019 Act that reorganized Jammu & Kashmir.
   

All three Bills are expected to be examined by a Joint Parliamentary Committee (JPC) before becoming law.

Procedural Issues in Parliament

• Under Lok Sabha Rules 19A and 19B, bills must be circulated in advance.
  
• The government requested relaxation due to the short Monsoon Session, sparking criticism from the Opposition.
  
• Heated debates followed, with opposition members accusing the government of bypassing procedure to push through politically motivated reforms.

Constitutional and Administrative Implications

• Strengthening Accountability: Provides an explicit mechanism to remove jailed ministers.
  
• Federal Balance: Separate but aligned provisions for Union, State, and UT governments.
  
• Curbing Criminalisation of Politics: Prevents governance under the shadow of criminal allegations.
  
• Risk of Misuse: Critics warn of selective targeting of opposition leaders through politically influenced arrests.

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Conclusion

The Constitution 130th Amendment Bill 2025 marks a historic attempt to uphold constitutional morality, public trust, and clean politics in India. By setting clear rules for the removal of ministers facing serious criminal charges, it aims to protect governance from moral and legal crises.

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