Introduction
The Parliament of India has taken a very important step towards ensuring accountability in the positions of high offices by referring the Constitutional 130th Amendment Bill, 2025, to a Joint Parliamentary Committee for a detailed and thorough scrutiny. This proposed legislation aims to establish a constitutional framework for the proper removal of ministers, including the Prime Minister and the Chief Ministers, who remain in custody for 30 consecutive days on criminal charges alleged against which are serious and sensitive in nature. This bill demonstrates a crucial constitutional reform geared towards upholding the integrity of public offices and ensuring that the person holding those positions of public trust is not compromised by serious legal toils. This reform is aimed at addressing and filling the critical gap in the issue of not having a provision in our constitution to remove ministers who face serious criminal charges against them while in custody.
Background
The Constitution Amendment Bill of 2025, that is the 130th amendment, was introduced by the Union Home Minister Amith Shah in the Lok Sabha as a part of the comprehensive legislative package. This bill comes from a very well-known constitutional gap, where, unlike the Members of the Parliament and the Legislative Assemblies, who would face disqualification under the Representation of the People Act of 1951, on conviction for two or more years, however no similar provision exists with regards to the Chief Ministers who are restrained on the basis of serious charges against them. The object of this legislation is to fill the void in the constitutional framework, making sure to hold the people holding the executive position accountable in the highest possible manner.
The bill came at a time when the question of political integrity and accountability, and scrupulousness of the public office gained spotlight in national discourse. Through this constitutional amendment, the Ministry is seeking to establish a uniform standard across all levels of government, from the State Ministers to the Union Ministers, assuring that serious criminal charges and prolonged detention do not compromise the functioning of the executive branch of the government.
Key Points
- Constitutional Amendment: The Constitutional Amendment (130th amendment) has put forth amendments to Article 75, which discusses about the Union Minister and to Article 164, which discusses about the state ministers in the Constitution of India. These amendments are aimed at establishing and putting in place a legal framework for the process of removal and to ensure constitutional backing for such actions.
- Mechanism for Automatic Removal: The Amendment Act puts in place a provision for the automatic removal of any Central or State Minister who remains in custody for 30 consecutive days for any allegations of offences like corruption or other serious criminal offences, which also includes the Prime Minister and the Chief Minister.
- Provisions for reappointment: The bill also provides for reappointment provisions of the removed ministers once they are released from custody, recognising the principle that being held in custody does not make one guilty and giving a chance for reappointed in their position upon resolution of legal matters.
- Special Provision for PM and CM: In cases which involve the Prime Minister and the Chief Ministers, they are expected to submit their resignation by the 31st day of their detention. If they failed to do so voluntarily, their office will be automatically relinquished, ensuring that the legal procedures do not jeopardise the highest executive posts of the nation.
- Process of Examination Process by the JPC: The bill’s impact will be scrutinised and examined by the Joint Parliament Committee, which will allow members of both houses of the parliament to examine the bill in detail and possibly incorporate some suggestions or changes to the bill from the interested parties before passing the bill.
Recent Developments
The Constitution (130th Amendment) Act of 2025 was proposed by the Union Minister Amith Shah and is now referred to the Joint Parliamentary Committee for a detailed scrutiny. The bill mandates the removal of the Prime Minister on the 31st day of continuous detention for a serious allegation of crimes, including corruption, with a similar provision implemented in case of Chief Ministers and State Ministers. Unlike the MPs or the MLAs who face disqualification in case of conviction for 2 or more years, no such rule is put in place for ministers or the chief minister in custody. The purpose and the objective of this Amendment Bill take into consideration the fact that no such provision is included in the Constitution of India for the removal of a minister who is arrested and is held in custody with respect to a serious criminal charge.
The examination by the Joint Parliamentary Committee will create a room for the comprehensive analysis of the proposed bill, potential constitutional and practical implications of the provision and the implementation of the bill. The committee will likely examine the alleged balance between maintaining the integrity of public offices and the presumption of innocence, as well as the procedural safeguards put in place by the provisions of the bill to prevent the potential misuse of the provisions. The examination conducted by the JPC will create and provide a platform for the members of both houses of the parliament to raise their concerns regarding the implementation of this Act.
Conclusion
The referring of the 130th Amendment Bill to the Joint Parliamentary Committee points to the steady movement of the Indian Constitutional Progress and affirms the commitment to deepen accountability at the highest levels of public offices. By putting in place transparent procedures for the removal of ministers confronted by serious criminal accusations and lengthy custody, the measure seeks to restore and nurture citizen confidence in the machinery of democracy of the nation.
The deliberation in the JPC will subject the proposed amendment to the finest levels of examination, fostering a rigorous conversation amenable to adjustment and fine-tuning prior to the bill’s ultimate enactment. When the amendment takes its place in the Constitution, it will embody an enhanced structure that codifies the conception of public office as an entrusted duty and expects scrupulous uprightness from every bearer of that position.
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WRITTEN BY: YANA S JACOB
