Daily Editorial Analysis 30 October 2025

An Amended Constitution Bill, Its Contentious Issues

Context

• The Constitution (One Hundred and Thirtieth Amendment) Bill marks a pivotal step in India’s effort to strengthen constitutional morality and political accountability.
• The Bill seeks to amend Articles 75, 164, and 239AA to mandate the removal of Ministers, including the Prime Minister and Chief Ministers, if they remain in custody for thirty consecutive days for an offence punishable with five years or more of imprisonment.
• While the proposal aims to uphold the integrity of public office, it has provoked widespread debate.

The Provisions of the Bill

• Under the Bill, a Minister’s arrest and detention for thirty consecutive days would compel the President or Governor to remove them from office on the advice of the Prime Minister or Chief Minister.
• If the Prime Minister or Chief Minister themselves are detained, they must resign or automatically cease to hold office.
• The measure seeks to prevent accused Ministers from retaining power, thus reinforcing public trust in governance.
• Yet, its reliance on arrest and custody duration as criteria for disqualification raises serious constitutional and procedural concerns, given the potential for abuse of discretionary powers by enforcement agencies.

The Discretionary Power of Arrest

• The power to arrest, under Section 41 of the Code of Criminal Procedure (CrPC) and its counterpart Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), is discretionary, not mandatory.
• Courts have consistently reaffirmed this position:
• In Joginder Kumar v. State of U.P. (1994), the Supreme Court held that no arrest should be made merely because it is lawful; it must be necessary and justified.
• In Deenan v. Jayalalitha (1989) and Amarawati and Anr. v. State of U.P. (2004), courts clarified that the term may arrest empowers but does not oblige the police to arrest, depending on the nature and context of the offence.

The Contentious Provisions:  Detention, Bail, and the Problem of Thirty Days

• The Bail Dilemma

  • The requirement that a Minister detained for thirty consecutive days must vacate office links political tenure to judicial timelines.
  • Though the Supreme Court has repeatedly held that bail is the rule, jail is the exception, in practice, bail decisions are influenced by factors like the gravity of the offence and the judge’s stance on liberty under Article 21.
  • This means a Minister could lose office before any judicial determination of guilt, contradicting the presumption of innocence. The thirty-day threshold therefore risks turning temporary detention into permanent political damage.

• Default Bail and Procedural Inconsistency

  • The amendment also ignores default bail under Section 167(2) CrPC (or Section 187 BNSS), which grants bail if the investigation is not completed within 60 or 90 days.
  • Since the thirty-day limit falls well within this period, a Minister might be removed from office before acquiring the right to bail, rendering the provision procedurally inconsistent and arbitrary.

• Special Statutes and Twin Conditions of Bail

  • The Bill’s scope covers offences under any law in force, extending to stringent statutes such as the PMLA (Prevention of Money Laundering Act), NDPS Act, and UAPA (Unlawful Activities (Prevention) Act).
  • These impose twin conditions for bail, the accused must prove they are not guilty and unlikely to reoffend.
  • Such provisions reverse the burden of proof, making bail within thirty days nearly impossible.
  • The Manish Sisodia case, where bail was granted only after 17 months under the PMLA, exemplifies this difficulty.
  • Consequently, the thirty-day benchmark could cause premature disqualification even before due judicial process concludes.

Political Implications and the Risk of Misuse

• Arrest as a Political Tool

  • By linking ministerial survival to arrest and custody, the Bill risks converting the criminal process into a political instrument.
  • In a context where investigative agencies are often accused of bias, such provisions may facilitate targeted arrests against political rivals.
  • This undermines the principle of separation of powers and constitutional morality, replacing accountability with political expediency.
  • What is designed to enhance integrity could instead erode democratic fairness.

• The Minister’s Dilemma

  • The Bill also places Ministers in a Hobson’s choice:
  • Either resign to secure bail, thereby surrendering office pre-emptively, or
  • Stay in custody and face automatic removal.
  • This dilemma creates administrative instability and penalises mere accusation, rather than proven guilt.
  • It risks reducing executive authority to the outcome of legal tactics, not democratic mandate.

Conclusion

• The Constitution (One Hundred and Thirtieth Amendment) Bill reflects a well-meaning yet flawed attempt to promote ethical governance. Its intent.
• Ultimately, true ministerial accountability cannot depend solely on legal triggers. It must arise from political ethics, transparent governance, and a citizenry committed to democratic values.
• The Bill, in its current form, risks conflating political morality with punitive legality, thereby unsettling the delicate equilibrium between justice and politics in India’s constitutional framework.

An Amended Constitution Bill, Its Contentious Issues FAQs

 Q1. What is the main objective of the Constitution (130th Amendment) Bill?
Ans. The main objective of the Bill is to ensure political accountability by mandating the removal of Ministers who remain under arrest for thirty consecutive days for serious offences.

Q2. Why is the Opposition concerned about the Bill?
Ans. The Opposition fears that the Bill’s reliance on arrest and detention could be misused by enforcement agencies to target political rivals and destabilise Opposition governments.

Q3. How does the Bill conflict with existing bail provisions?
Ans. The Bill conflicts with default bail provisions under Section 167(2) of the CrPC because it sets a thirty-day limit for removal, which is shorter than the sixty- or ninety-day period required for bail eligibility.

Q4. Why is the thirty-day threshold considered problematic?
Ans. The thirty-day threshold is considered arbitrary because it does not account for judicial delays, bail complexities, or the stringent conditions under special laws like the PMLA and UAPA.

Q5. What are alternative safeguards?
Ans. Introducing judicial certification of prima facie guilt or an independent committee review before disqualification to prevent misuse of the provision.

Source: The Hindu

A Decade After Paris Accord, An Unstoppable Transition

Context

• Ten years after the adoption of the Paris Agreement at COP21, the world faces a defining moment in its struggle against climate change.
• Despite the global pledge to keep warming well below 2°C and strive for 5°C, emissions and temperatures continue to rise at alarming rates.
• Floods, droughts, and heatwaves strike with increasing intensity, from Uttarakhand to Punjab and Jammu and Kashmir, reminding humanity that the climate crisis is no longer a distant threat but a lived reality.
• Yet, amid these challenges, the Paris framework has changed the world’s trajectory, demonstrating that collective determination and multilateral cooperation can alter the course of history.

From a 5°C Future to a 2°C Pathway

• Before 2015, the planet was heading toward a catastrophic 4°C–5°C of warming by the century’s end.
• Through global commitment and cooperation, that curve has been bent downward toward 2°C–3°C.
• This remains far from the safe zone identified by the Intergovernmental Panel on Climate Change (IPCC), yet it represents undeniable progress.
• The shift proves that collective action works, and that multilateralism, though imperfect, remains essential.
• The Paris Agreement’s success lies in its fairness, flexibility, and solidarity, enabling countries with different capabilities to contribute according to their national circumstances while sharing responsibility for the global good.

A Decade After Paris Accord: Transforming the Global Economy

• The past decade has witnessed a turning point in global energy and economic systems. Ten years ago, fossil fuels were the cheapest and most competitive energy source.
• Today, renewables such as solar, wind, and hydroelectric power are leading new waves of growth and employment.
• This transformation marks a breakthrough for energy security, economic sovereignty, and environmental resilience.
• Equally remarkable is the rise of electric mobility. What once seemed an elusive dream has become a worldwide phenomenon.
• With electric vehicles accounting for nearly 20% of global new car sales, the transportation sector stands at the brink of a historic shift away from fossil fuels.

The Power of Partnership: The International Solar Alliance

• Among the most inspiring achievements of the Paris decade stands the International Solar Alliance (ISA), conceived at COP21 through the collaboration of India and France.
• What began as a visionary idea has evolved into a global coalition of over 120 countries, dedicated to making solar energy accessible to all. The ISA demonstrates how multilateralism can translate vision into action, fostering capacity building, financing mechanisms, and technological exchange.
• India’s leadership within this alliance reflects its growing stature in the global green transition.
• By securing 50% of its installed electricity capacity from non-fossil sources five years ahead of schedule, India shows that development and decarbonisation can advance together.

Priorities for the Next Decade

• First, global ambition must rise sharply. Despite improvements, current pledges remain insufficient.
• Nations must act decisively to reduce carbon emissions and preserve a liveable planet.
• Second, the global transition must be just and inclusive, protecting the most vulnerable communities.
• Investments in adaptation and resilience, through mechanisms such as the Green Climate Fund, the Loss and Damage Fund, and initiatives like CREWS—are vital to ensure that no nation or community is left behind.
• Third, the protection of natural carbon sinks, forests, mangroves, and oceans, must become a universal priority.
• These ecosystems, from the Amazon to the Sundarbans, are the planet’s best allies in absorbing carbon and safeguarding biodiversity.
• Fourth, non-state actors must be empowered. Local governments, scientists, businesses, and citizens play decisive roles in translating ambition into tangible outcomes.
• Their engagement transforms global commitments into visible, community-level results.
• Fifth, science must guide the transition. In an era clouded by misinformation, defending the integrity of the IPCC and promoting climate education are essential to ensure that facts, not fear, shape global decisions.

Conclusion

• A decade after Paris, the world’s climate journey stands at a crossroads between progress and peril.
• The achievements of the past ten years reveal a powerful truth: when nations unite under shared purpose, transformation follows.
• The Paris Agreement has redefined the global climate order, proving that multilateralism can deliver measurable change, that renewable energy can drive prosperity, and that adaptation and equity can coexist with ambition.
• The future remains uncertain, but the direction is clear. The world has chosen a path toward sustainability, and that path, however demanding, is unstoppable.

A Decade After Paris Accord, An Unstoppable Transitions FAQs

Q1. What major change did the Paris Agreement bring to global temperature projections?
Ans. The Paris Agreement reduced projected global warming from about 4–5°C to approximately 2–3°C by the end of the century.

Q2. Why is the shift to renewable energy considered a turning point in the past decade?
Ans. It marks a turning point because renewable energy sources like solar and wind have become more competitive than fossil fuels, driving economic growth and sustainability.

Q3. How does the International Solar Alliance reflect global cooperation?
Ans. The International Solar Alliance shows global cooperation by uniting over 120 countries to promote solar energy access and support low-carbon development.

Q4. What are the five key priorities for the global community at COP30?
Ans. The five priorities are raising global ambition, ensuring a just transition, protecting natural carbon sinks, empowering non-state actors, and defending science against misinformation.

Q5. Why is the transformation initiated by the Paris Agreement described as “unstoppable”?
Ans. It is described as unstoppable because industries, governments, and communities have already embedded sustainability and green investments into long-term systems and policies.

Source: The Hindu

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