Constitution (130th Amendment) Bill, 2025: Provisions & Concerns

• Context (TH | LL | IE): The 130^th Constitution (Amendment) Bill, 2025, introduced by the Home Minister, was referred to a Joint Parliamentary Committee.
• The Bill proposes amendments to Articles 75, 164, and 239AA of the Indian Constitution which pertain to the Union Council of Ministers, State Councils of Ministers, and the special administrative provisions for Delhi.

Key Provisions of the Bill

• Article 75: A Union Minister arrested and detained for 30 consecutive days for an offence punishable with five or more years of imprisonment:
  • Must be removed by the President (on PM’s advice), or
  • Will automatically cease to hold office if no advice is given by the 31^st day.
  • Reappointment is allowed after release from custody.
• Article 164: Similar provision for Chief Ministers or State Ministers, removal by the Governor.
• Article 239AA: Applies the same rule to Delhi’s Chief Minister and Ministers, removal by Lieutenant Governor (LG).
• Govt of Union Territories Act, 1963: Extends rule to Union Territories Ministers, empowering Administrator/LG to act similarly.
• J&K Reorganisation Act, 2019: Applies the same provisions to Jammu & Kashmir; the Leuitenant Governor can remove the CM/Ministers.

Implications for Governance

• Constitutional Morality: Prevents situations where leaders continue in power while facing serious criminal charges, strengthening ethical governance.
  • E.g., In Arvind Kejriwal’s case, the Supreme Court imposed restrictions but left resignation to discretion.
• Protecting Trust: Citizens may view the move as a strong stand against corruption and criminalisation of politics, enhancing trust in institutions.
• Good Governance: Removes “governance from jail” anomaly. Aligns executive functions with accountability and closes constitutional lacunae in accountability.
• Bridging Legal Gap: The Representation of People Act disqualifies only after conviction; this bill bridges the gap by addressing interim situations of arrest.

Concerns Raised

• Political Weaponisation: It may empower the Centre to destabilize opposition-led state governments via targeted arrests, threatening federalism and democratic opposition.
• Threat to federalism: It weakens autonomy of elected state leaders by giving the Union indirect control through arrest mechanisms.
• Presumption of innocence at stake: Goes against the principle of “innocent until proven guilty” and natural justice, triggering removal based on detention alone.
• Possibility of Political Misuse of Agencies: Agencies like ED, CBI may be weaponised to arrest leaders under flimsy charges, ensuring their removal from office. The bill provides a legal shortcut to destabilise opposition governments without electoral contest.