The Government of India has introduced the 130th Constitutional Amendment Bill, 2025, proposing the automatic removal of Ministers, Chief Ministers, or even the Prime Minister, in case they have been in custody for a period of at least 30 consecutive days.
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In a recent legal development, the Government of India has introduced the 130th Constitutional Amendment Bill, 2025, proposing the automatic removal of Ministers, Chief Ministers, or even the Prime Minister, in case they have been in custody for a period of at least 30 consecutive days. This Bill has been introduced with an objective to ensure a higher standard of accountability for those holding the public offices as well as restricting those who are facing serious criminal charges from continuing in executive positions.
Provisions of the Bill
1.Disqualification After 30 Days of Custody
The Bill introduced by the Government proposes amendments to Articles 75, 164, and 239AA of the Constitution of India, providing that any Union or State Minister (which includes the Prime Minister and Chief Ministers as well) would have to leave their office in case they are:
- in judicial custody for a period of more than 30 consecutive days, and
- are facing charges for offences which are punishable with an imprisonment of a period of five years or more.
2.Clause for Reappointment
Ministers who will get removed under this provision could be reappointed after they are released, provided that there is no other disqualification provided under the Constitution. This provision could be understood as an attempt to balance the accountability with the principle of presumed innocence until one is proven guilty.
Reason Behind the Legislation
The Bill has been introduced as a reformative step to deal with the criminalisation of politics. At present, there isn’t any such provision under the Constitution that a minister would have to resign if he gets arrested or has been in custody for some period.
By focusing on the term of custody and not on the conviction, the intent behind the Bill could be understood as to reinforce the trust of the public in authorities and promote ethical governance.
The Bill has been termed as a “reasonable and moral correction,” by the Union Ministers, while also gaining support from political commentators like Prashant Kishor, regarding the intention of the Bill to prevent governance by individuals who are operating from jail.
Concerns and Criticisms from the Opposition-
1.Potential for Political Misuse
The Bill has also received serious criticism from the opposition parties, as they termed it a potential tool for vendetta politics. The opposition parties claimed that the opposition parties would weaponise the arrest and custody, thereby removing the opposition leaders from their positions, especially in politically sensitive states.
2.Undermining the Principle of Presumption of Violence
Some legal experts and parliamentarians have also pointed out that the provisions of the Bill may violate the principle of presumption of innocence, a fundamental principle of the criminal law. The critics also believed that the grounds of mere custody — without any conviction — can not be accepted as a ground for an automatic disqualification from office.
3.Breakdown of the Federal Structure
Leaders from the State, including Mamata Banerjee, labelled the bill as a threat to federalism, claiming that the Bill will undermine the autonomy of states as well as the powers of the democratically elected governments.
Next Steps
The Bill at present has been referred to a Joint Parliamentary Committee for detailed review and will be expected to be subjected to debates as well as amendments if needed before being put for voting in the Parliament. In case the Bill gets enacted, the new would law would symbolise a significant shift in the constitutional framework of the country regarding accountability of the ministers.
Conclusion
To conclude, this proposed 130th Constitutional Amendment Bill seeks to redefine the accountability of public office-bearers, balancing the governance ethics with a fairness towards the procedures. Although the Bill addresses real issues related to the criminalisation of politics, the implementation of the Bill would require judicial safeguards, political neutrality, as well as strict oversight to prevent any abuse of the law.
The following procedure would be crucial in determining whether the present amendment would become a milestone towards reform in the governance— or a flashpoint in the constitutional and federal balance of the country.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
