130th Constitution Amendment Bill: Removal of Ministers After 30-Day Custody
Summary:
The Lok Sabha has referred the 130th Constitution (Amendment) Bill, 2025, along with two related Bills, to a Joint Parliamentary Committee (JPC). The Bill proposes that any Central/State/UT Minister—including the Prime Minister and Chief Ministers—must be removed from office if they remain in judicial custody for 30 consecutive days in connection with an offence punishable with five years or more imprisonment.
Key Explanations in 5 Pointers
1. Automatic Removal After 30 Days in Custody
A Minister (PM, CM, or any Minister) detained for 30 consecutive days in a serious offence case will be removed from office automatically by the President/Governor/LG.
If the Prime Minister fails to advise removal within 30 days, the Minister will cease to hold office from the 31st day.
2. Amendments Across Constitution & UT Laws
New provisions are proposed in Article 75 (Central Ministers), Article 164 (State Ministers), and Article 239AA (Delhi Ministers).
Amendments also extend to Government of Union Territories Act, 1963 and Jammu & Kashmir Reorganization Act, 2019.
3. Rationale Behind the Bill
The Statement of Objects and Reasons says that Ministers must be beyond suspicion and act only for public welfare.
A Minister facing serious criminal charges undermines constitutional morality, good governance, and public trust.
4. Recent Political Context
The Bill comes after high-profile arrests of Ministers like Arvind Kejriwal (Delhi liquor policy case), V. Senthil Balaji (cash-for-jobs scam), Hemant Soren (land scam), and Partha Chatterjee (recruitment scam).
These cases highlighted the loophole of Ministers resuming office post-bail, sparking controversy.
5. Political Opposition & Debate
Leaders like Owaisi, Manish Tewari, NK Premchandran, KC Venugopal, and Dharmendra Yadav opposed the Bill, calling it politically motivated and destructive of the Constitution’s basic structure.
Despite resistance, the Bill was passed for introduction and referred to a Joint Committee (21 Lok Sabha + 10 Rajya Sabha members) for scrutiny.