Constitution (130th Amendment) Bill, 2025 – Key Points

1. Provision of the Bill

• Amends Article 75 of the Constitution.

• Any minister arrested and detained for 30 consecutive days for an offence punishable with ≥ 5 years imprisonment will automatically lose ministerial post.

• President removes such minister on CM’s advice; if advice not tendered, minister ceases office automatically after 31st day.

• Minister can be re-appointed after release.

2. Government’s Rationale

• To uphold constitutional morality, good governance, and public trust.

• Prevents ministers facing serious criminal allegations from continuing in office during detention.

3. Opposition’s Concerns

• Misuse risk: Central agencies (CBI, ED) could be used to target Opposition leaders → destabilising state governments.

• Goes against presumption of innocence until conviction.

• Opposition leaders termed it a step towards “super-Emergency” and “death knell for democracy & federalism.”

• AIMIM’s Owaisi: violates separation of powers – executive agencies act as judge and executioner.

4. Political Flashpoint

• Introduced by Home Minister Amit Shah in Lok Sabha.

• Opposition invoked Shah’s 2010 Sohrabuddin case arrest; Shah replied he had resigned before arrest.

• Bill referred to a Joint Parliamentary Committee (JPC) of 31 members for scrutiny.

5. Joint Parliamentary Committee (JPC)

• Temporary committee with members from both Houses.

• Task: detailed scrutiny of Bill/subject.

• Recommendations are advisory, not binding.

• JPC report on this Bill expected before next parliamentary session.