How Arvind Kejriwal’s case triggered the BJP’s Bill to sack jailed CMs? Explore the 130th Constitution Amendment debate, why the Opposition calls it unconstitutional and draconian in Indian politics.
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NEW DELHI: The Union Government has introduced the Constitution (130th Amendment) Bill, 2025, which seeks to remove Chief Ministers, Prime Ministers, and other ministers from office if they remain in jail for more than 30 days after being charged with serious offences.
The move has sparked a heated political debate, with the government projecting it as a step towards “clean politics” while the Opposition calls it an instrument of political vendetta.
Why This Law Now?
The Arvind Kejriwal Factor:
The turning point for this proposal came after the arrest of former Delhi Chief Minister Arvind Kejriwal in June 2024. He was taken into custody in connection with the alleged corruption in Delhi’s now-scrapped excise policy. Despite his arrest, Kejriwal refused to resign and continued to run the government through his colleagues.
Only after securing bail in September did he step down, insisting that he would return to the CM’s chair after the “people’s verdict” in the Delhi Assembly election. His colleague, Atishi, briefly held the post of Chief Minister until the AAP lost to the BJP in February 2025.
The Centre, sources said, considered introducing the Bill earlier but delayed it to avoid allegations of “vendetta politics.”
ALSO READ: PM & CMs Could Lose Office After 30 Days in Jail: Bill Tabled Today!
The Senthil Balaji Precedent:
Another case that highlighted this legal vacuum was that of Tamil Nadu Minister Senthil Balaji, arrested in 2023 in a corruption case. Despite being jailed, Balaji continued as a minister without portfolio—a move that the Madras High Court called a “constitutional travesty.”
Even after being granted bail in 2024, Balaji resumed office. The Supreme Court later intervened, expressing concerns that he could influence witnesses and pushing him to resign again. These incidents, according to the government, demonstrated the urgent need for a constitutional mechanism to prevent arrested ministers from clinging to power.
Political Angles And Rahul Gandhi Question
Interestingly, the government has reminded Rahul Gandhi’s 2013 stance, when he opposed the UPA government’s move to protect convicted lawmakers through an ordinance. At the time, Rahul Gandhi famously tore into the proposal, calling it “nonsense that should be torn up and thrown away.”
The irony, government sources point out, is that the very same ordinance could have protected Rahul Gandhi when he faced disqualification from the Lok Sabha after his 2023 conviction in a criminal defamation case.
The ruling BJP is now asking why Rahul Gandhi and the Congress are opposing this Bill if they truly stand against corruption in politics.
A Perception Battle, Not Just Legislation
While the NDA lacks the two-thirds majority in both Houses of Parliament required to pass a constitutional amendment, the government seems keen to use this Bill as a political weapon.
By pitching it as a clean governance initiative, the BJP aims to paint Opposition resistance as defending corruption. With the Opposition simultaneously targeting the Centre over issues like the Bihar Special Intensive Revision of voters’ lists and alleged “vote theft,” the government wants to shift the focus to corruption in politics.
Opposition’s Concerns
The Opposition has strongly opposed the Bill, alleging that it could be misused by the Centre to destabilize non-BJP state governments by targeting their leaders through arrests by central agencies.
Congress MP Priyanka Gandhi Vadra termed the proposal “absolutely anti-constitutional, undemocratic and draconian”. She warned,
“Tomorrow, you can put any kind of a case on a CM, have him arrested for 30 days without conviction, and he ceases to be a CM. To call this an anti-corruption measure is to mislead people.”
RJD leader Sudhakar Singh went further, comparing the move to authoritarian practices in neighboring countries,
“India is on the verge of becoming Pakistan and Bangladesh, where opposition leaders are either in jail or abroad. If any person challenges those in power, they can be arrested overnight. This is dictatorship in the making.”
AIMIM MP Asaduddin Owaisi slammed the 130th Amendment Bill, 2025, calling it unconstitutional and warning that the BJP is pushing India towards a police state. He vowed opposition, saying, “Power is not eternal.” He said,
“This bill is unconstitutional..Who will arrest the Prime Minister? All in all, the BJP government wants to make our country a police state through these bills…We will oppose them…The BJP is forgetting that power is not eternal…”
However, the government counters this by arguing that arrests follow legal procedure and that courts remain available for anyone wrongly implicated.
What the Bill Proposes
On Wednesday, the Lok Sabha referred three significant Bills, including the Constitution (130th Amendment) Bill, 2025, to a Joint Committee of Parliament for detailed study.
- Constitution (130th Amendment) Bill, 2025
- Amends Articles 75, 164, and 239AA.
- Provides that Union, State, and Delhi Ministers, including the Prime Minister or Chief Ministers, will lose office if detained for over 30 days in a case where the minimum punishment is five years or more.
- Resignation required by the 31st day, failing which removal is automatic.
- Such leaders may be re-appointed after release.
- Government of Union Territories (Amendment) Bill, 2025
- Amends Section 45 of the 1963 Act.
- Extends the same rule to Union Territory Ministers and Chief Ministers.
- Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
- Amends Section 54 of the 2019 Act.
- Introduces the same system of removal for J&K Ministers and the CM.
The Joint Committee will have 21 Lok Sabha members and 10 Rajya Sabha members, tasked with presenting a report in the next session.
The move triggered strong protests from Opposition leaders, including Asaduddin Owaisi (AIMIM), Manish Tewari (INC), NK Premchandran (RSP), KC Venugopal (INC), and Dharmendra Yadav (SP). Despite disruptions, the Bills were introduced and referred to the Committee.
READ/DOWNLOAD The Constitution (130th Amendment) Bill, 2025
READ/DOWNLOAD The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
READ/DOWNLOAD The Government of Union Territories (Amendment) Bill, 2025.
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