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What is the Constitution 130th Amendment Bill, 2025?
The Constitution 130th Amendment Bill, 2025, seeks to create a clear procedure for removing Union and State Ministers, including the Prime Minister and Chief Ministers, if they face serious criminal charges and remain in detention for 30 consecutive days.
Why was the Constitution 130th Amendment Bill introduced?
The Bill was introduced to address the constitutional gap regarding the removal of ministers facing serious offences, prevent criminalisation of politics, and ensure good governance and constitutional morality.
Which Articles of the Constitution are being amended under the 130th Amendment Bill?
The Bill amends Articles 75, 164, and 239AA to empower the President and Governors with explicit provisions to remove ministers or chief ministers detained for 30 days or more on charges punishable with at least five years of imprisonment.
What is the significance of the Constitution 130th Amendment Bill?
The Bill strengthens governance by keeping tainted leaders out of power, upholds constitutional morality, fills gaps in existing laws, and addresses the rising issue of criminalisation of politics.
Constitution 130th Amendment Bill 2025, Key Provision and Significance
Subham Sahoo22 Aug, 2025
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Constitution 130th Amendment Bill seeks the removal of Union and State Ministers, including the Prime Minister and Chief Ministers, when they face serious criminal allegations. Currently, the Constitution does not provide a clear procedure for such removal, creating ambiguity and leaving space for judicial interpretations.
The Bill was introduced in the Lok Sabha by Union Home Minister Amit Shah on August 20, 2025. It is being introduced when certain instances have been seen where the sitting chief ministers or state ministers refuse to vacate their offices even when they are charged with serious offences.
What is Constitution 130th Amendment Bill?
The Constitution 130th Amendment Bill aims to balance two important aspects of governance in India: ensuring that elected representatives of the people in India maintain integrity and preventing political exploitation of legal provisions. It stipulates that any Minister or Chief Minister who is arrested on account of some serious charges and detained for 30 continuous days shall be removed from office. The committed offences should be punishable with five or more years of imprisonment. However, the offences are not specifically defined.
Key Provisions of Constitution 130th Amendment Bill
The Constitution 130th Amendment Bill consists of several important amendments to the Constitution. It will be amending three key Articles related to the appointment and functioning of Ministers at the Union, State, and Union Territory levels. These amendments can be summarised as follows:
Key Provisions of Constitution 130th Amendment Bill
Articles
Amendments
Article 75
The Bill introduces a removal clause that empowers the President to remove a Union Minister or even the Prime Minister if they are arrested and detained for 30 consecutive days on charges punishable with imprisonment of five years or more.
Article 164
If a State Minister is arrested and detained under similar conditions, the Governor can remove them on the advice of the CM.
If the CM himself is detained for 30 days or more, the Governor has the power to remove them directly.
Article 239AA
The amendment brings similar provisions for the Chief Minister and Ministers of Delhi. It extends to Union Territories, including special provisions for Jammu & Kashmir
Significance of Constitution 130th Amendment Bill
The Constitution (130th Amendment) Bill, 2025, has been introduced in the lower house of the Indian parliament with multiple objectives. While introducing the bill, the government has argued that the amendment is essential to improve governance and uphold constitutional morality. The significance of the Constitution 130th Amendment Bill can be summarized as follows:
Improving Governance: Elected representatives are expected to uphold high standards of integrity. When Ministers face serious criminal charges, their presence in government can weaken governance. The Bill ensures that governance remains free of leaders charged with serious offences.
Constitutional Morality: The sackings of sitting ministers, chief ministers, or the Prime Minister when faced with serious criminal charges look to uphold the constitutional morality by not allowing the perpetrators to run the government.
Addressing Constitutional Gap: The Constitution does not define any process for removing a Minister facing serious charges and detention. The President and Governors have the power to remove Ministers, but these powers are exercised based on the advice of the Council of Ministers. This creates confusion and has often led to misinterpretations of the provisions.
Decreasing Criminalisation of Politics: India has been suffering from the issue of criminalisation of politics. Several ministers and elected representatives face criminal cases but still hold their offices. With this amendment, leaders facing criminal charges can be kept out of governance.
Political and Legal Background
The introduction of the Constitution 130th Amendment Bill was done following several political controversies that had taken place in the recent past. These events have highlighted certain gaps in the constitution. Certain events leading to the introduction of this amendment bill are as follows:
Case of V. Senthil Balaji (2023): Tamil Nadu Minister V. Senthil Balaji was arrested by the Enforcement Directorate on corruption charges in 2023. He was initially removed from his office by the Governor, but later reappointed by Chief Minister M.K. Stalin after he got bail. After the criticism by the Supreme Court, Balaji was eventually removed.
Limited Powers of Governors: Article 164 clarifies that the Governors do not have any absolute power in the state. They only act on the advice of the Council of Ministers. This stops the ability of Governors to act on their own.
Similar Other Cases: Delhi Chief Minister Arvind Kejriwal was detained for weeks in jail in a corruption-related case. Hemant Soren, former Chief Minister of Jharkhand, was charged under a similar case and detained beyond 30 days, but did not resign from his seat.
