On August 20, 2025, Union Home Minister Amit Shah introduced the Constitution (130th Amendment) Bill, 2025 in the Lok Sabha. The Bill proposes automatic removal of the Prime Minister, Chief Ministers, and other ministers if they remain in detention for 30 consecutive days on charges carrying at least a five-year sentence — even without conviction.
Key Provisions
- Article 75 & 164: Ministers or Chief Ministers must resign by the 31st day of detention or automatically cease to hold office. The same applies to the Prime Minister.
- Article 239AA: Similar provisions for Delhi’s Chief Minister and ministers.
- Reappointment Clause: Leaders may be reappointed after release.
- Bail Timeline: If bail is not secured within 30 days, automatic removal takes effect.
Why It Matters
The Bill seeks to ensure clean governance and maintain public trust, aligning ministers with civil servants who face suspension upon arrest. It fills a gap in the law, as current rules disqualify only upon conviction.
Criticism
Opposition leaders fear the reform could be misused through selective arrests, undermining presumption of innocence, federalism, and separation of powers. Heated debates in Parliament highlight both its promise of accountability and risk of political misuse.
