August 20,2025 – The Government of India has introduced the Constitution (One Hundred and Thirtieth) Amendment Bill, 2025, in the Lok Sabha, seeking to disqualify the Prime Minister, Chief Ministers, and other ministers from office if they are arrested and remain in custody for thirty consecutive days in serious criminal cases.
The Bill, piloted by Union Home Minister Amit Shah, was tabled during the Monsoon Session of Parliament. It proposes amendments to Article 75, Article 164, and Article 239AA of the Constitution, along with related provisions in the Representation of the People Act. The measure is intended to ensure accountability in public office and to address situations where a minister continues in position despite facing prolonged incarceration.
Under the proposed law, any minister, including the Prime Minister or a Chief Minister, would automatically cease to hold office if detained for thirty days or more in an offence carrying a punishment of at least five years. The office would remain vacant until the individual is acquitted or released on bail, subject to judicial review.
The government has stated that the amendment seeks to strengthen democratic values and restore public confidence in governance. Presently, the Constitution does not provide explicit guidance on the removal of ministers under such circumstances, leaving scope for ambiguity.
The Bill has been referred to a Joint Parliamentary Committee (JPC) for detailed examination. Parliamentary Affairs Minister Pralhad Joshi informed the House that the Committee would consider the provisions and submit its report in the upcoming Winter Session.
Reactions across the political spectrum were varied. Senior Congress Member Shashi Tharoor remarked that the proposal was “reasonable and in line with democratic principles,” noting that it would prevent erosion of public trust. Opposition members, however, voiced apprehensions. Several parties described the Bill as “unconstitutional,” arguing that it could be misused for political vendetta and might undermine the presumption of innocence until proven guilty.
Legal experts also offered differing views. Some welcomed the attempt to address the constitutional gap, while others cautioned that automatic disqualification upon custody could conflict with the rights guaranteed under Articles 14 and 21.
The Constitution (130th Amendment) Bill marks one of the most significant proposals of recent years in relation to the eligibility and continuity of ministers in office. Its progress through Parliament and the deliberations of the Joint Parliamentary Committee will determine the future course of this measure, which could alter the framework of executive accountability in India.
