Constitution (One Hundred and Thirtieth Amendment) Bill, 2025

Context

Recently, the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 was referred to a Joint Parliamentary Committee (JPC) for further examination. The Bill has triggered debate as it proposes a framework for the removal of Ministers, including the Prime Minister and Chief Ministers, when accused of serious criminal offences and detained in custody.

Key Provisions of the Bill

• The Bill provides for the removal of the Prime Minister, Chief Ministers, or any Minister at the Centre or in states if they are arrested and detained in custody due to serious criminal charges.

• The same provisions will extend to the Union Territories (UTs) of Delhi, Puducherry, and Jammu & Kashmir through separate legislations.

Grounds for Removal

• A Minister shall be removed if:

  • He is accused of an offence punishable with imprisonment of 5 years or more, and

  • He has been detained in custody for 30 consecutive days.

Procedure for Removal

• In the Central Government:

  • The Minister will be removed by the President on the advice of the Prime Minister.

  • The advice must be given by the 31st consecutive day of custody.

  • If no advice is given, the Minister automatically ceases to hold office from the next day.

• In the State Governments:

  • The Minister will be removed by the Governor on the advice of the Chief Minister.

• In the Union Territory of Delhi:

  • The authority will be the President on the advice of the Chief Minister.

Reappointment Clause

• A Minister removed under these provisions may be re-appointed after being released from custody, which ensures political rehabilitation post-legal proceedings.

Facts: Joint Parliamentary Committee (JPC)

• A JPC is a parliamentary body constituted for detailed scrutiny of a specific Bill or issue.

• It consists of members from both Houses of Parliament.

• Its recommendations, though significant, are not binding on the government.

• It is dissolved after completion of its mandate.

Conclusion

The Constitution (130th Amendment) Bill, 2025 marks a significant step towards accountability and integrity in public office, ensuring that individuals facing serious criminal charges cannot continue in ministerial positions while in custody. However, the provision for reappointment after release raises questions about the balance between political rights and ethical governance. The recommendations of the JPC will be crucial in shaping the final contours of this legislation.

Source : Indian Express

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