Jailed PM, CMs to lose power? The Constitution (130th Amendment) Bill 2025 explained, BJP’s move to target leaders sparks debate on democracy, morality, and politics.
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NEW DELHI: The Constitution (130th Amendment) Bill, 2025, introduced in the Lok Sabha on August 20, 2025, provides for the removal of the Prime Minister, Chief Ministers, and Ministers at the Centre or in states if they are accused of serious offences punishable with five years or more of imprisonment and remain in custody for 30 consecutive days.
The Bill also extends to Delhi, with separate legislation proposed for Puducherry and Jammu & Kashmir.
In Delhi, the President acts on the advice of the Chief Minister. If the Prime Minister or a Chief Minister is in custody, they must resign by the 31st day, failing which they automatically cease to hold office. However, the Bill permits such individuals to be reappointed after their release.
ALSO READ: PM & CMs Could Lose Office After 30 Days in Jail: Bill Tabled Today!
What the Bill Proposes
The amendment seeks to change Articles 75, 164, and 239AA of the Constitution.
- Any minister (including PM and CMs) in custody for over 30 days in an offence punishable with five years or more in jail must vacate office.
- Conviction is not required—mere arrest and prolonged custody is enough.
- Once released, the individual may be reappointed.
The government argues that this move is essential because “constitutional morality demands that ministers facing serious charges should not continue in high office.”
Article 75 – Prime Minister and Other Ministers:
The Bill inserts clause (5A) in Article 75, providing that if a Minister is arrested and detained for 30 consecutive days for an offence punishable with five years or more, the President shall remove him on the Prime Minister’s advice by the 31st day. If no advice is given, the Minister automatically ceases to hold office. In the case of the Prime Minister, he must resign by the 31st day of custody, failing which he automatically ceases to hold office. However, both the Prime Minister and Ministers so removed may be reappointed after their release.
Article 164 – Chief Minister and Other Ministers:
The Bill adds clause (4A) to Article 164, stating that if a state minister is arrested and detained for 30 consecutive days in connection with an offence punishable by five years or more, the Governor shall remove him on the advice of the Chief Minister by the 31st day. If no advice is given, the minister automatically ceases to hold office. In the case of the Chief Minister, he must resign by the 31st day of custody, failing which he automatically ceases to hold office. However, both the Chief Minister and state ministers so removed may be reappointed after release.
Article 239AA – Delhi Chief Minister and Other Ministers:
The Bill inserts clause (5A) in Article 239AA, providing that if a Delhi minister is arrested and detained for 30 consecutive days for an offence punishable with five years or more, the President shall remove him on the advice of the Chief Minister by the 31st day. If no advice is given, the minister automatically ceases to hold office. In the case of the Delhi Chief Minister, he must resign by the 31st day of custody, failing which he automatically ceases to hold office. Both the Chief Minister and ministers so removed may be reappointed after release.
Oppositions Reaction
The Opposition staged fierce protests, alleging that the Bill is designed to misuse central agencies and destabilise Opposition-led state governments.
- Congress leader Priyanka Gandhi Vadra called it a “draconian law disguised as anti-corruption reform.”
- Trinamool Congress alleged that it is an attempt to “retain power and money without accountability.”
- AIMIM chief Asaduddin Owaisi warned it would turn India into a “police state.”
- Shiv Sena (UBT) accused the government of pushing the country towards dictatorship.
The debate even turned personal when Congress MP KC Venugopal reminded Amit Shah of his 2010 arrest in Gujarat. Shah countered, saying he resigned back then and that ministers today “cannot be so shameless as to cling to office after arrest.”
Numbers Required for Constitutional Amendment
For a constitutional amendment, the government needs a two-thirds majority in both Houses of Parliament, something the NDA currently lacks.
- Lok Sabha (542 members): Needs 361 votes. NDA has 293.
- Rajya Sabha (239 members): Needs 160 votes. NDA has 132.
Even with support from neutral parties, the Bill cannot pass without Congress and other major Opposition.
And even if it clears Parliament, half the states must ratify it, given its impact on federalism. On top of that, it could face judicial challenges as it undermines the principle of “innocent until proven guilty.”
Timing, And Centre’s Arguments
The timing raised criticism. The government tabled the Bill just a day before the Monsoon Session ended, and has already referred it to a Joint Parliamentary Committee (JPC).
Analysts suggest that the Bill is not about immediate passage but about optics:
- The BJP can frame the Opposition’s resistance as “protecting corrupt politicians.”
- The issue shifts public focus from controversies like the Opposition’s allegations of “vote theft.”
- It revives the debate around political morality, with the government projecting itself as championing clean governance.
Trinamool MP Mahua Moitra even alleged that the Bill is a “diversionary tactic” to shift focus away from the Opposition’s “vote-chori” campaign.
Government sources say that the trigger for this move was the Arvind Kejriwal episode, when the former Delhi CM continued in office despite being jailed.
“There is no clarity in the Constitution about whether an arrested minister should resign. This Bill aims to plug that gap,”
they said.
Interestingly, they also admitted that “it doesn’t matter if the Bill becomes law”, its political purpose is to put the Opposition in a corner.
Key Highlights of the Constitution (130th Amendment) Bill, 2025
Introduction:
- Union Home Minister Amit Shah is likely to introduce the Constitution (130th Amendment) Bill, 2025, in the Lok Sabha.
- The Bill addresses a major gap in the Constitution regarding the removal of Prime Ministers, Chief Ministers, and Ministers facing serious criminal allegations if they are kept in detention for 30 consecutive days.
- This move comes after the controversy surrounding the 2023 arrest of V. Senthil Balaji, a Minister in Tamil Nadu’s DMK government.
Key Constitutional Amendments:
- The Bill proposes changes to:
- Article 75 – Deals with the Prime Minister and Union Council of Ministers.}
- Article 164 – Concerns the Council of Ministers in States.
- Article 239AA – Contains special provisions for the National Capital Territory of Delhi.
Removal Clause:
- If a Minister (PM/CM/Union or State Minister) is arrested and detained for 30 days in a case where punishment can be five years or more, then:
- President (on advice of the PM/directly) will remove Union Ministers or the Prime Minister.
- Governor (on CM’s advice) will remove State Ministers.
- Governor will directly remove the Chief Minister of a State.
- UT-specific amendments will apply to Chief Ministers and Ministers in Union Territories, including J&K.
- Reappointment of Ministers will be allowed after their release from detention.
Rationale Behind the Bill:
- The government justifies this Bill on three grounds:
- Good governance and constitutional morality: Ministers with criminal charges reduce public trust.
- Character beyond suspicion: Elected representatives should place people’s welfare above politics.
- Constitutional gap: Earlier, there was no clear provision, and courts only interpreted the doctrine of “pleasure of Governor/President,” but were restricted by the “aid and advice” of the Council of Ministers.
Political and Legal Background:
- The arrest of V. Senthil Balaji (2023) created a constitutional crisis:
- Governor R.N. Ravi dismissed him.
- CM M.K. Stalin reinstated him after bail.
- Later reshuffle removed Balaji after the Supreme Court expressed concerns.
- Judicial interpretation has clarified that the Governor’s powers under Article 164 are not absolute but are subject to the aid and advice of the elected Council of Ministers.
Related Legislative Measures:
- Along with the Constitution (130th Amendment) Bill, 2025, two other bills are also being brought:
- Government of Union Territories (Amendment) Bill, 2025 – Amends the 1963 Act for UTs like Puducherry and Delhi.
- J&K Reorganisation (Amendment) Bill, 2025 – Changes Section 54 of the 2019 Act that converted J&K into a UT.
- All these Bills are expected to be referred to a Joint Committee of Parliament for further scrutiny.
Procedural Issues in Parliament:
- Rules 19A and 19B of the Lok Sabha Rules require prior notice and circulation of Bills to MPs before introduction.
- Due to time pressure in the Monsoon Session (ending August 21, 2025), the Government has sought leniency in procedural rules.
Constitutional and Administrative Implications:
- Strengthens executive accountability with a clear rule for the removal of tainted Ministers.
- Maintains federal balance with separate but aligned rules for Union, States, and UTs.
- Aims to check the criminalisation of politics and safeguard public trust.
Risks and Criticism:
- Analysts warn the Bill could be misused for a political vendetta.
- Concerns were raised about central agencies targeting opposition leaders, while ruling party leaders remain safe.
- Recent examples include Arvind Kejriwal in Delhi and Hemant Soren in Jharkhand, who both spent weeks in jail on corruption charges.
- The move may also cause a logjam in Parliament, especially as the Opposition is already protesting with slogans of “vote theft” and objecting to the special revision of electoral rolls in Bihar.
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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