Why in news?
The 130th Constitutional Amendment Bill, 2025, was introduced in the Lok Sabha on August 20, 2025, and immediately referred to a Joint Parliamentary Committee (JPC) due to intense opposition protests.
 
The key highlights of the 130th Constitutional Amendment Bill, 2025, are:

• Mandatory Removal: The Bill mandates the removal of the Prime Minister, Chief Ministers, and Ministers if they are arrested and detained for more than 30 consecutive days for criminal offences punishable with imprisonment of 5 years or more.
• Automatic Cessation: If the President does not remove the minister on the advice of the Chief Minister by the 31st day of detention, the minister automatically ceases to hold office.
• Applicability: The amendment applies to ministers at both Union and State levels under Articles 75, 164, and also includes the Union Territory ministers (Delhi, Puducherry, Jammu & Kashmir) via amendment to Article 239AA.
• Reappointment Allowed: Ministers who have been removed or ceased to hold office due to detention may be reappointed once released from custody.
• Objective: The Bill aims to uphold constitutional morality by preventing those jailed for serious crimes from continuing as ministers, thereby promoting clean governance.
• Safeguard: The 30-day custody requirement acts as a safeguard against the removal based on mere arrest or frivolous cases.
• Political Controversy: The Bill has triggered debates over its implications on democracy, potential for political misuse, and federalism concerns.

Related articles

• Article 75: Relates to the appointment and responsibilities of the Union Council of Ministers, including the Prime Minister.
• Article 164: Deals with the appointment and responsibilities of the State Council of Ministers, including Chief Ministers.
• Article 239AA: Contains special provisions regarding the administration of the National Capital Territory of Delhi, including its Council of Ministers.

Constitutional and Legal Context:

• The Bill exercises the power of amendment under Article 368, which allows alteration of the Constitution with a special majority in Parliament.
• It challenges the existing framework where disqualification of legislators or ministers happens only after conviction (e.g., Section 8 of the Representation of the People Act, 1951).
• The Bill notably removes Ministers based on detention (custody) rather than conviction, which has raised debates related to the presumption of innocence enshrined in the Constitution under Articles 14 (Right to Equality) and 21 (Right to Life and Liberty).
• It has been referred to a Joint Parliamentary Committee (JPC) for detailed scrutiny, which will examine its impact on constitutional principles such as separation of powers, federalism, and democratic governance.

This amendment is significant in India's legal-political framework as it directly influences executive accountability, constitutional morality, and the balance of power between the judiciary and the executive.

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