NEW CONSTITUTION (130TH AMENDMENT) BILL, 2025

Current Context : Union Home Minister Amit Shah introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 in Lok Sabha.

The Bill proposes automatic removal of the Prime Minister, Chief Ministers, and other ministers if detained for 30 consecutive days on serious criminal charges (carrying a minimum sentence of five years).

ABOUT THE 130TH AMENDMENT BILL

• Articles Amended:
  • Article 75 (Union Council of Ministers): New clause 5A for removal of detained ministers and Prime Minister.
  • Article 164 (State Council of Ministers): New clause 4A for Chief Ministers and state ministers.
  • Article 239AA (Delhi): Parallel provisions for Delhi’s CM and ministers.
• Key Provisions:
  • Detention for 30 consecutive days on serious criminal charges → automatic removal.
  • If bail not secured within 30 days → cessation on the 31st day.
  • Reappointment possible after release.
• Implementation:
  • Removal by President (for Union) or Governor (for States) on advice.
  • If PM/CM fails to resign → automatic cessation after 31 days.
• Objectives:
  • Promote clean governance and constitutional morality.
  • Align ministers with civil servants (who are suspended upon arrest).
  • Address legal gap (RPA disqualifies only upon conviction, not detention).
• Criticisms:
  • Risk of political misuse through selective arrests.
  • Undermines presumption of innocence.
  • Federalism and separation of powers concerns.
  • Opposition protests highlight fears of central overreach.