Priyanka Gandhi, Asaduddin Owaisi, and RJD leaders strongly oppose the 130th Amendment Bill 2025, calling the plan to remove PM and CMs after 30 days in jail a draconian move.
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NEW DELHI: The Union government is set to introduce a landmark proposal that could alter the political landscape of India. The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, aims to create a legal framework for the removal of the Prime Minister, Chief Ministers, and other ministers if they are arrested and detained in custody for 30 consecutive days on charges punishable with imprisonment of five years or more.
Union Home Minister Amit Shah will present the bill in the Lok Sabha this week, alongside two related amendments for Jammu and Kashmir and other Union Territories, The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, and The Government of Union Territories (Amendment) Bill, 2025.
Once introduced, all three bills are likely to be referred to a Joint Committee of Parliament for detailed examination.
ALSO READ: PM & CMs Could Lose Office After 30 Days in Jail: Bill Tabled Today!
The Bill has triggered strong reactions from opposition leaders.
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…”
Key Provisions of the Bill
The proposed amendment inserts new clauses into Articles 75, 164, and 239AA of the Constitution. The highlights include:
- Union Level: A Union Minister arrested for 30 consecutive days on serious charges will be removed by the President on the advice of the Prime Minister. If no advice is given, the minister automatically ceases to hold office.
- Prime Minister: If the Prime Minister is detained for 30 days, they must resign by the 31st day, failing which they automatically cease to hold office.
- State Level: Similar provisions apply to Chief Ministers and State Ministers, with Governors acting on the advice of the Chief Minister. If the Chief Minister is detained, they must resign within 31 days or cease to hold office.
- Union Territories: For Delhi and other UTs, the President will remove ministers based on the advice of the Chief Minister, with similar provisions for the Chief Minister themselves.
- Reappointment: Once released from custody, the Prime Minister, Chief Ministers, or Ministers may be reappointed.
Government’s Justification
Explaining the rationale, Home Minister Amit Shah argued that public representatives must maintain the highest standards of constitutional morality and good governance. He said,
“The elected representatives represent hopes and aspirations of the people of India… A Minister facing serious criminal charges, if allowed to remain in office, may thwart constitutional morality and diminish the trust reposed by the people.”
He further noted the absence of any constitutional mechanism for removing ministers under such circumstances, citing recent controversies where ministers or Chief Ministers continued in office despite being in custody.
Context: Recent Precedents
The proposed legislation comes in the wake of several high-profile cases:
- Former Delhi Chief Minister Arvind Kejriwal was jailed for over five months in the liquor policy case before resigning. He was later reinstated after bail but faced fresh legal complications.
- Former Tamil Nadu minister V Senthil Balaji continued in office without a portfolio after his arrest in a money laundering case. He resigned months later only after a Supreme Court directive.
These episodes highlighted the lack of clarity in the Constitution regarding ministers continuing in office while under prolonged detention.
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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