Union Home Minister Amit Shah is set to introduce three pivotal bills in the Lok Sabha today, including the Constitution (130th Amendment) Bill, 2025, which proposes a provision allowing the removal of the Prime Minister, Chief Ministers, and council ministers if they are detained for 30 consecutive days on serious criminal charges, even without a conviction. Alongside this, Shah will table the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, aiming to establish a uniform legal framework for addressing allegations of corruption and criminality among elected representatives.
What Does 130th Constitutional Amendment Say
The Constitution (130th Amendment) Bill, 2025, introduces a new clause, 5A, to Article 239AA of the Indian Constitution, alongside amendments to Articles 75 and 164. This clause mandates that the Prime Minister, Chief Ministers, or ministers in states and Union Territories, who are arrested and detained for 30 consecutive days for offenses punishable by imprisonment of five years or more, must resign by the 31st day. Failure to resign will result in automatic removal from office. The provision also applies to Union ministers, who would be removed by the President on the Prime Minister’s advice, and state ministers, who would be removed by the Governor on the Chief Minister’s advice. Notably, the bills allow for the reappointment of such individuals upon release from custody, ensuring they are not permanently barred from office.
The amendment seeks to address a gap in the current constitutional framework, which lacks provisions for removing elected officials detained on serious charges unless convicted. The statement of objects and reasons accompanying the bills emphasizes that elected representatives are expected to uphold public trust and constitutional morality. Prolonged detention, even without conviction, could undermine governance and public confidence, necessitating this legal intervention.
The Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, extend similar provisions to Union Territories, including Puducherry and Jammu and Kashmir. In these regions, the Lieutenant Governor, acting on the advice of the Chief Minister, would have the authority to remove a detained minister or Chief Minister after 30 days. If no advice is provided by the 31st day, the removal becomes automatic. These bills aim to ensure consistency in addressing criminal allegations across different administrative structures in India.
The Jammu and Kashmir bill, in particular, has sparked speculation about potential statehood restoration for the Union Territory. However, the proposed amendments focus solely on establishing a mechanism for removing detained officials, aligning with the broader objective of the 130th Constitutional Amendment.
Congress leader Abhishek Manu Singhvi took to X, criticizing the bills as a tool for destabilizing opposition-led state governments. He argued that the lack of clear guidelines for arrests could enable biased central agencies to target opposition Chief Ministers, removing them without electoral defeat. “Wht a vicious circle! No guildelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent CM etc immediately on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest opposition CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!,” Singhvi posted, highlighting fears of executive overreach.
The bills have also drawn attention to recent cases, such as that of former Delhi Chief Minister Arvind Kejriwal, who continued to govern while in custody for nearly six months in the Delhi excise policy case. The proposed legislation appears designed to prevent such scenarios, ensuring that detained leaders cannot hold office from behind bars. However, critics argue that the 30 day detention threshold, without requiring a conviction, risks undermining democratic mandates and could be exploited to target political rivals.
The bills may be referred to a joint parliamentary committee for further scrutiny.
The amendments also raise questions about federal dynamics. By empowering Governors and Lieutenant Governors to act in cases of detention, the bills enhance the Union government’s influence over state administrations. “Opposition predictions come true- Constitution being changed by BJP with only 240 MPs. New bill bypasses both federal structure & judiciary - Union govt can use ED CBI to arrest elected opposition CM on fake charges & sack them WITHOUT proven guilty by a court” posted TMC MP Mahua Moitra on ‘X’
