Constitution (130th Amendment) Bill, 2025
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 has sparked intense debate in Indian politics. Introduced in the Lok Sabha on August 20, 2025, the Bill proposes a significant change in the way ministers are allowed to hold office. It seeks to ensure that any minister arrested and detained for 30 consecutive days in connection with a serious criminal offence will automatically lose their position in the government.
The Bill has been sent to a Joint Parliamentary Committee (JPC) for further examination amid protests and uproar in Parliament. In this blog, we will explain what the Bill is about, why it is controversial, what the opposition and government are saying, and what happens next.
What Is the Constitution (130th Amendment) Bill, 2025?
The 130th Amendment Bill introduces a new rule in the Indian Constitution, aiming to maintain constitutional morality and good governance. According to the Bill:
“A Minister, who for any period of thirty consecutive days during holding the office, is arrested and detained in custody, on allegation of committing an offence punishable with imprisonment for five years or more, shall be removed from his office by the President on the advice of the Chief Minister, to be tendered by the thirty-first day.”
This means:
If a minister is arrested and remains in custody for 30 days or more, they automatically lose their position.
The removal process will be formalized by the President on the advice of the Chief Minister (in states) or Prime Minister (at the Centre).
If the Chief Minister does not recommend removal, the minister will still cease to be a minister automatically after the 31st day.
The Bill seeks to amend Article 75 of the Constitution, which deals with the appointment, tenure, and responsibilities of the Council of Ministers, including the Prime Minister.
Reappointment of Ministers After Release
Interestingly, the Bill does not impose a permanent ban on ministers who lose their position under this rule.
It says that once the minister is released from custody, they can be reappointed as a minister or even as the Chief Minister, provided the President approves the appointment based on the recommendation of the concerned leadership.
This provision has been criticized for creating confusion — if a minister can be reappointed immediately after release, the effectiveness of the amendment comes into question.
What Happened in Parliament?
The Bill was introduced in the Lok Sabha by Union Home Minister Amit Shah during the Monsoon Session on August 20, 2025. The session quickly turned chaotic due to loud protests from the opposition parties.
Congress MP K.C. Venugopal criticized the government and brought up Amit Shah’s own 2010 arrest in the Sohrabuddin Shaikh encounter case, questioning the government’s motives.
Amit Shah responded, saying he had resigned as Gujarat’s Home Minister before his arrest, and hence the situation was different.
Several opposition leaders shouted slogans, demanding a complete withdrawal of the Bill.
Despite the uproar, the Bill was eventually sent to a Joint Parliamentary Committee for further scrutiny.
Why Is the Bill Controversial?
The 130th Amendment Bill has triggered a massive political storm for several reasons:
(a) Automatic Disqualification Without Conviction
The Bill removes a minister based on arrest and custody, not conviction. This goes against the principle of “innocent until proven guilty”, which is a cornerstone of Indian law.
Opposition parties argue that being arrested does not mean being guilty. If ministers are removed based on allegations alone, political misuse of investigative agencies becomes a real threat.
(b) Risk of Political Misuse
Parties like the Congress, Samajwadi Party, Aam Aadmi Party (AAP), and others claim that the BJP-led central government can use central agencies like the CBI and ED to target opposition leaders, arrest them for 30 days, and destabilize state governments.
(c) Concerns Over Federalism
Critics argue that the Bill undermines state autonomy. Since the central agencies come under the Union government, state leaders — especially those from opposition parties — fear being selectively targeted.
West Bengal Chief Minister Mamata Banerjee called the Bill a step towards a “super-emergency”, saying:
“I condemn the 130th Constitutional Amendment Bill. This is a draconian step, a death knell for democracy and federalism in India.”
(d) Separation of Powers Issue
AIMIM leader Asaduddin Owaisi opposed the Bill, saying it violates the principle of separation of powers. According to him, the executive and investigative agencies are being given the power to act as judge and executioner, bypassing the judiciary completely.
Government’s Justification
The central government, led by the BJP, argues that the Bill is necessary to preserve public trust in elected representatives and ensure good governance.
According to the Bill’s Statement of Objects and Reasons:
“A Minister, who is facing serious criminal allegations and is detained in custody, may undermine constitutional morality, affect governance, and erode the trust of the people.”
The government says:
Ministers holding office while facing serious criminal cases damages public faith.
The rule will ensure clean governance by holding leaders accountable.
Citizens expect their ministers to have a clear legal record when managing state and national affairs.
Joint Parliamentary Committee (JPC): What It Means
The Bill has been referred to a Joint Parliamentary Committee (JPC), which is responsible for examining the Bill in detail before presenting a report.
Key Details About the JPC
It consists of 31 members from both the Lok Sabha and Rajya Sabha.
Members are selected by the Lok Sabha Speaker and the Rajya Sabha Chairman.
The JPC will study the Bill clause by clause, collect expert opinions, and hear concerns from stakeholders.
The committee has been asked to submit its report before the next Parliament session.
While the JPC’s recommendations carry significant weight, they are not binding on the government. The final decision will still rest with Parliament.
Impact of the Bill on Indian Politics
If passed, the 130th Amendment Bill could bring major changes to India’s political landscape:
Ministers facing serious charges will be removed more quickly, improving public confidence.
However, there’s a high risk of misuse by governments to target political rivals.
Opposition-ruled states like West Bengal, Delhi, Punjab, and Karnataka could see frequent conflicts with the Centre.
Coalition governments may become more unstable if arrests are used strategically.
Opposition’s Demands
The opposition parties are demanding several changes before the Bill can be considered:
Ministers should not be removed based solely on arrest.
The removal should be considered only after a conviction or a court order.
Greater judicial oversight should be included to prevent political misuse.
The role of central agencies like ED and CBI should be clearly defined.
The Road Ahead
The future of the 130th Amendment Bill, 2025 depends on the JPC’s recommendations and the next session of Parliament.
There are three possible outcomes:
The Bill Passes Without Changes – This will make the automatic disqualification of ministers a constitutional rule.
The Bill Passes With Modifications – Provisions may be relaxed to prevent misuse.
The Bill Faces Legal Challenges – If passed in its current form, the Bill could be challenged in the Supreme Court on grounds of violating fundamental rights.
10. Conclusion
The Constitution (130th Amendment) Bill, 2025 is one of the most significant constitutional proposals in recent years. While the government believes it will strengthen democracy by ensuring clean governance, the opposition fears it will weaken federalism, erode judicial safeguards, and empower central agencies to target rivals.
With the Bill now referred to a Joint Parliamentary Committee, its future depends on whether Parliament can strike a balance between accountability and political fairness. The upcoming sessions will decide if this amendment becomes a historic reform or a highly controversial move.
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