Constitution (130th Amendment) Bill, 2025
Why in news?
The Constitution (130th Amendment) Bill, 2025, was introduced in the Lok Sabha by Union Home Minister Amit Shah in August 2025.
Key Provisions:
- A minister will be removed if accused of a serious offence (punishable with imprisonment of 5 years or more) and detained for 30 consecutive days without bail.
- At the central government level, the President will remove the minister on the advice of the Prime Minister by the 31st day of custody. If the Prime Minister does not advise removal, the minister automatically ceases to hold office from the 31st day.
- At the state level, the Governor acts on the advice of the Chief Minister similarly.
- In Union Territory Delhi, the President acts on the advice of the Chief Minister.
- Prime Minister or Chief Ministers must resign by the 31st day of detention or cease to hold office automatically thereafter.
- A minister removed under these provisions can be re-appointed once released from custody.
Objectives and Rationale:
- To prevent ministers from running governments while in jail and uphold moral integrity in public office.
- This amendment extends the removal provisions to important offices like the Prime Minister and Chief Ministers, setting a higher moral standard.
- It aligns with provisions in the Representation of People Act that disqualify elected representatives sentenced to imprisonment of two years or more.
- The government argues this is necessary as previously some ministers continued in their roles despite being detained.
Statements and Political Context:
- Bail granted within 30 days will prevent removal, allowing time for genuine cases to be distinguished from false ones.
- He noted courts retain the authority to grant bail and intervene appropriately, ensuring speedy justice.
- The Bill needs a two-thirds majority to pass and has been referred to a Joint Parliamentary Committee for further examination.
Criticism and Concerns:
- Critics argue the Bill undermines the presumption of innocence by removing ministers before conviction.
- There are concerns of potential political misuse, with executive discretion to remove ministers possibly being exploited.
- Disproportionate focus on ministers while legislators with criminal cases remain unaffected raises fairness and consistency issues.
- The Bill raises constitutional questions about separation of powers and democratic rights of elected officials.
- Debates are ongoing about balancing moral governance with legal rights and democratic norms.
This Bill is considered a significant move to raise ethical standards and accountability in Indian politics, though it remains contentious in terms of democratic principles and legal safeguards. It is under parliamentary scrutiny and discussion.
Constitution (130th Amendment) Bill, 2025,FAQ?
1. Which Articles of the Indian Constitution are proposed to be amended by the Constitution (130th Amendment) Bill, 2025?
A) Articles 74, 162, and 243
B) Articles 75, 164, and 239AA
C) Articles 80, 165, and 356
D) Articles 51, 153, and 370
2. Under the 130th Amendment Bill, what is the minimum duration of consecutive detention on serious criminal charges that triggers automatic removal of a Minister?
A) 15 days
B) 21 days
C) 30 days
D) 45 days
3. How does the Bill propose the removal of a Chief Minister (CM) of a State upon 30 days of detention on serious criminal charges?
A) The President removes the CM on advice of the Prime Minister
B) The Governor removes the CM directly without advice
C) The Lieutenant Governor removes the CM on advice of the Chief Minister
D) The Supreme Court orders removal after judicial review
4. What is a primary constitutional gap that the 130th Amendment Bill seeks to address?
A) Lack of provision for impeachment of the Prime Minister
B) Absence of explicit constitutional mechanism for removal of Ministers detained on serious criminal charges
C) No procedure for removal of Ministers convicted under electoral laws
D) Ineffective appointment process for Governors and Lieutenant Governors
5. Which of the following is a key criticism raised against the Constitution (130th Amendment) Bill, 2025?
A) It fails to include Union Territory ministers under its scope
B) It allows removal based on allegations without requiring conviction, threatening presumption of innocence
C) It removes the power of the President to remove Union Ministers
D) It excludes the requirement of state ratification for constitutional amendment
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