Inroduction
On August 20, 2025, Shri Amit Shah, the Union Home Minister, presented three bills to the Lok Sabha: The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which addresses the Council of Ministers at the Union, the State, and the National Capital Territory of Delhi; The Union Territories (Amendment) Bill, 2025, which covers the Council of Ministers in Union Territories, The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, which pertains to the Council of Ministers in the Union Territory of Jammu and Kashmir.
Amit Shah stated that the 130th constitutional amendment, arising from these three bills, will ensure the following:
1.No person, while under arrest and in jail, can govern as Prime Minister, Chief Minister, or Minister of the Central or State Government.
2 This bill includes a provision that allows an accused politician to seek bail from the court within 30 days of arrest. If they fail to secure bail within 30 days, on the 31st day, either the Prime Minister at the Centre or the Chief Ministers in the states will remove them from their positions; otherwise, they will automatically become legally disqualified from performing their duties. If such a leader is granted bail after the legal process, they may resume their position
allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more
Amit Shah says in parliament that the purpose of the bill is to elevate the declining standard of morality in public life and bring integrity to politics. Ministers of the central and state governments will not be able to run the government while in jail.
While opposition argued in parliament that it violates the principle of separation of powers, undermines due process, and the rights of the people to elect the government[A1] , he further stated that it gives executive agencies the freedom to become judge and jury executioners based on flimsy allegations and suspicion.
Asaduddin Owaisi remarks that “this government is at the helm of creating a police state; this will sound the death knell for the least elected government “[A2]
Meanwhile, Manoj Tiwari(INA, Chandigarh) stated that “this will be utterly destructive of the basic structure of the constitution” He further argued that this will stand the fundamental maxim of the constitution on its head, making an investigating officer the boss of the Prime Minister of India. Sucha provision will open the door for political misuse by instrumentalities of the state”[A3]
Legal Provisions Governing The Tenure Of Legislators And Ministers
Currently, an MP or MLA can be removed or disqualified in the following ways:
1. Constitutional disqualification- Under the Article 102 for MPs and Article 191[A4] for MLA is of the Indian constitution shall be disqualified if
a.They are holding an office of profit under the government
b.They are of unsound mind
c.They are an under-discharged insolvent
d.They are not a citizen of India
2. Statutory Disqualification- [A5] according to the Representation of the People Act 1951, section 8, if a member is convicted of a certain offence and sentenced to imprisonment of 2 years or more, they are immediately disqualified from the House.
3. Anti-Defection Law-[A6] Under the tenth schedule of the Indian Constitution, a member is disqualified if they voluntarily give up membership of their political party or join another political part[A7] y after being elected.
After enactment of these laws Article 75 (5),164(4) and 239AA(5[A8] ) of the Indian constitution which allow earlier a person to be appointed as a minister at the centre, in the state or in the NCT of Delhi who were not member of legislature to continue in office for up to 6 month while seeking election to the house however after this proposed amendment seek to remove the grace period.
Rational And Justifications In Favour Of The Bill
Lok Sabha statistics reveal a concerning scenario regarding the criminal cases among the elected representatives.According to the Association For Democratic reforms, 46% of MPs elected in the 2024 Lok Sabha election (251 out of 543) have pending criminal cases against them 31% 170 charged with serious criminal offences,including murder, attempt to murder, and crimes against women [A9]
This rise is concerned about the potential misuse of power by the individual holding the executive position, as a sitting minister, who could influence the trial process or the immediate witnesses.
Another example is former Chief Minister of Bihar Lalu Prasad Yadav in the fodder Scam cases, even after the charges of large-scale corruption, he retained influence over the government until judicial intervention period prevented him from contesting.[A10]
The 130th Constitution Amendment[A11] addresses such issues by enhancing accountability and limiting the ability of an individual facing serious charges to continue in office[A12] .It is designed to improve the structure by removing arbitrary use of executive power, to help protect governance from the corruption of unethical leaders, and to restore the public’s trust in democratic institutions.
Concerns Of Misuse And Threats To Democratic Balance
The proposed law relies entirely on an executive act, which is highly uncertain and arbitrary.
Under this bill, if a minister is arrested for 30 days, they automatically lose their job[A13] . This raises serious constitutional issues because it ignores the role of the judiciary. It gives unchecked power to the police or investigative agencies[A14] , which operate under the Union government.
by doing so, the bill effectively gives the ruling government Direct access to misuse its autonomy. History has shown that the government in power have often used investigative agencies like ED and CBI to target opposition or set up political scores.During the UPA government (2004-2014), nearly 29 Congress leaders and 12 BJP leaders, along with prominent figures from regional parties like BSP, SP and TMC, came under the CBI scanner. Similarly, under the NDA-II government in 2024, the number of position leaders facing investigation has surged, with 30 TMC leaders, 26 Congress leaders, and several from RJD, BJD, and AAP being targeted.
This pattern highlights a disturbing continuity- whichever party is in power, investigative agencies are often weaponised to keep the opposition under pressure. Thus, the proposed bill, by handing over disqualification power on the basis of arrest and investigation, risks legitimising a cycle of political vendettas and reducing democracy to an executive-controlled mechanism rather than a judicially accountable process.
As a result, Article 14[A15] (Right to equality): critics argue that the provision treatsministers differently from ordinary legislators under the existing representation of people at 1951 disqualification generally follows conviction not marry retention by imposing 6 standard on ministers alone. The bill arguably creates an arbitrary classification that may not satisfy the test of reasonable classification under Article 14
Article 21[A16] (Right to life and personal liberty), removal from office merely on the basis of prolonged detention without conviction affects the dignity, liberty, and political rights of the individual. The Court has consistently held that deprivation of Liberty must follow a just, fair, and reasonable process.
Conclusion
The intention behind the bill is very idealistic to ensure that politician holding crucial offices like the Prime Minister Chief Minister or Ministers of Union and State cannot be run the government while being in the jail on paper this looks like a step toward accountability however in practice the potential misuse of this bill by ruling government for potential Revenge cannot be ignored instead strengthening democracy it could end up becoming a weapon to silence the opposition.
Furthermore, the bill raises deeper concerns about federalism as it gives the central investigation agency indirect power over the state government it also addresses the presumption of innocence and the citizens’ right to choose their leader without unnecessary executive interference
Comparatively, in countries like the UK and Canada,ministers often resign on the grounds of moral propriety. India, however, is attempting to formalise such accountability through constitutional amendment. The challenge is whether such a mechanism can be framed in a manner that ensures clean politics without executive overreach.
In order to examine the provisions and ramifications of the bill, a Joint Parliament Committee has been established. However, if this bill eventually passes Parliament, that will raise a real question: will it pass judicial review? Will it be held to be constitutional? Or will it be struck down as a violation of the basic structure of the Constitution? The basic structure provides for democracy, fairness and independence of the judiciary. If challenged, this will mark a significant turning point when the Courts will be asked to carefully weigh accountability against liberty, political morality against democratic choice, and reform against constitutional continuity. Thus, the bill, has opened a new chapter in the ongoing debate about striking a balance between clean politics and the risk of executive overreach.
[A1]https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2005406_code865020.pdf?abstractid=2005406&mirid=1
[A2]Should have been cited. https://www.hindustantimes.com/india-news/gestapo-boom-govt-hellbent-on-creating-police-state-owaisi-slams-bill-to-remove-pm-cms-101755680673281.html
[A3]Should have been cited. https://www.indiatoday.in/india/video/manish-tewari-slams-bill-to-oust-jailed-ministers-as-assault-on-constitution-2774352-2025-08-20
[A4]Rather than simply citing the entire constitution, provide links to the specific article that is being talked about
[A5]The Act should be hyperlinked not the heading
[A6]Cite 10th schedule not the heading
[A7]https://testbook.com/question-answer/provisions-as-to-disqualification-on-ground-of-def–642eba2b50f481a22ef9800f
[A8]Cite the articles mentioned
[A9]Statistics could have been explained in a better manner. Right now, it is extremely tough for the reader to understand what the sentences looks to express
[A10]Ideally, provide links for these cases or some news articles for reference
[A11]cite
[A12]https://www.theindiaforum.in/law/constitutional-morality-trial
[A13]https://www.thehindu.com/news/national/what-is-the-new-bill-to-remove-pm-cm-and-ministers-explained/article69972764.ece
[A14]https://www.thehindu.com/news/national/what-is-the-new-bill-to-remove-pm-cm-and-ministers-explained/article69972764.ece
[A15]Cite
[A16]Cite
Author Name- Priyanshu Singh, 2nd Year, B.Sc. LL.B. (Hons.), National Forensic Sciences University, Gandhinagar
