130TH CONSTITUTION AMENDMENT BILL
Most recently, in August 2025, the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 was introduced in the Lok Sabha (the lower house of the Indian Parliament).
This bill aims to amend Articles 75, 164, and 239AA of the Constitution of India.
KEY PROVISIONS
- The bill proposes the removal of the Prime Minister, Chief Ministers, and other ministers at central and state levels if they are arrested and detained for 30 consecutive days for serious criminal offenses.
- Serious criminal offenses are defined as those punishable by imprisonment for five years or more.
- The removal process involves the President or Governor acting on the advice of the Prime Minister or Chief Minister, respectively, by the 31st day of custody. Failure to provide advice results in automatic removal.
- Ministers may be reappointed if granted bail after the legal process.
RATIONALE & OBJECTIVES
The bill’s stated objective is to uphold constitutional morality and good governance by preventing ministers facing serious allegations from remaining in office.
It emphasizes the need for elected representatives to prioritize public welfare and maintain integrity.
The government contends that the bill addresses situations where leaders have unethically governed from jail.
DEBATE & CONTROVERSY
The bill has faced significant opposition, with critics arguing it goes against the Constitution and federalism.
Concerns exist regarding potential misuse and its impact on the principle of “innocent until proven guilty”.
Some opposition leaders have labeled it a draconian law threatening democracy and individual freedom.
CURRENT STATUS
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, along with the Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, was introduced in the Lok Sabha on August 20, 2025.
The bills have been referred to a Joint Parliamentary Committee for further examination.
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