130th Constitutional Amendment Bill– Removing Ministers / CMs after 30 Days of Detention

The Government of India has introduced India’s 130th Constitutional Amendment Bill, 2025, a constitutional proposal aimed at addressing persistent challenges in the political sphere. The bill seeks to amend the constitutional practices by mandating the power of removal of any Prime Minister, Chief Minister or Minister who is arrested and held in police custody for 30 consecutive days. This bill tends to nurture ethical governance and transparency.  In this article, we will know about the Constitutional Amendment Bill (130th) and how it strengthens the legislation for clean politics.

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Purpose of the 130th Constitutional Amendment Bill-

• India’s Constitutional Amendment Bill (130th) was introduced in August 2025 to amend Articles 75, 164 and 239 AA of the Constitution, including Union Ministers, State Councils and other ministers. 
• If any minister is detained for 30 days or more for serious charges for five years or more, the person must step down from his/her position.
• The President of India or the Governor can remove the accused minister, and the removed person can return only when released from custody.
  • If the person is removed or resigns under this provision, they can be reappointed and are not disqualified under any other law.
  • State Ministers are expelled by the Governor on the advice of the Chief Minister.
  • Chief Ministers are removed by the Governor if detained for five years or more.
• The law is applied to the National Territory of Delhi and other Union Territories, aiming to bridge the constitutional gap, with no explicit provision for removal solely due to prolonged detention. Companion amendments are expanded to states like Jammu and Kashmir and all Union Territories.

Importance of the Bill-

• The Constitutional Amendment Bill (130th) is to uphold constitutional morality, restore public trust and ensure transparency of ministers in power.
• It supports clean governance, emphasising the fact that public offices are for public trust and not a shield to save from grave charges.
• It ensures accountability to Indian citizens and the global community, especially at the highest executive levels and enhances the credibility of Indian democracy.
• The main objective of the bill is to combat the increasing criminalisation in Indian politics, as according to 2024 reports, 46% winning candidates in elections have a criminal background.

Safeguards to Prevent Bill Misuse-

• Bill is limited to Serious Offences: It is applicable to ministers who are accused and are punishable with imprisonment of 5 years or more. This excludes minor and trivial charges.
• 30-day Removal Period: A threshold of 30 days is set by the Indian Government, allowing some time before the mandatory effects kick in, rather than the immediate removal of the authority.
• Reappointment after release: In case the accused minister is bailed out or charges dropped, the removed minister can resume their position after being found innocent by the judiciary.
• Removal by the President or Gubernatorial removal: The procedure for the removal of the Governor of a specific state or union territory. 
• Bail Protection: The legislature highlights that the bail protection laws will remain, including the Judicial Review Process Act. These laws will indirectly protect the ministers and externally safeguard against arbitrary detention or prosecution.

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Challenges of the 130th Amendment Bill 2025-

With the introduction of this constitution proposal, there are a few concerns that need to be looked at: 

• Infringement of the Presumption of Innocence: Under the bill, the person with prolonged charges of allegations is removed instead of being convicted in court. It violates the principle that the accused is “innocent until proven guilty” (Article 21).
• Political Misuse: Some critics claim it is a tool for opposition to manipulate against the ruling parties, as the amendment bill relies on allegations and arrests. The bill may empower the central investigation agencies to lodge false cases, arrests, and trigger the minister’s removal.
• No Proper Supervision and Safeguard: There is no proper system or review mechanism to safeguard against illegitimate and arbitrary detention. The decision is solely dependent on executive orders rather than the final verdict from the judicial system.
• Random Period of Detention: Many people criticise the choice of a 30-day detention period, which reflects the procedural convenience rather than the primary form. The critics argue that the timeframe selected for the amendment bill has no logic.
• Loopholes and Checks: The unclear provisions regarding whether the detention is based on an allegation, remand or arrest for 30 days. Most importantly, the level of serious accusations and whether the judicial system checks the wrongful arrests or detention of the minister. The decisions can be biased, and the scope of unethical methods can be used to defame the other party.
• Clashes with Current Legislation: Lawmakers claimed that the bill is poorly framed, sets lower standards for removal, and clashes with well-formed legislation, including judicial judgments.

Conclusion-

India’s 130th Constitutional Amendment Bill 2025 is composed to steer the new era of ethical governance that safeguards public interest and holds accountability. The bill aims to fight corruption and reduce criminal activities in government offices. It will reshape the future leaders and fix the valid grievances of political leaders who stay in power even after serious allegations. Traditionally, the bill shifts the removal process from the legislature to an automatic process. This bill will change the mindset of reformers and citizens, ensuring greater trust, transparency and enhancing India’s growth.

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