Constitution (130th Amendment) Bill, 2025 – Removal of Ministers Facing Serious Criminal Charges

Constitution (130th Amendment) Bill, 2025 Latest News

• Union Home Minister Amit Shah is expected to introduce the Constitution (130th Amendment) Bill, 2025 in the Lok Sabha.
• The bill aims to address the gap in the Constitution regarding removal of Ministers (PM, CMs, Union/State Ministers) facing serious criminal allegations and detained for 30 consecutive days.
• The move comes against the backdrop of the controversy that surrounded the arrest in 2023 of V Senthil Balaji, a minister in Tamil Nadu’s DMK government.

Key Provisions of the Constitution (130th Amendment) Bill, 2025

• Constitutional amendments:
  • The Bill will amend Articles 75, 164 and 239AA.
  • Article 75 of the Constitution primarily deals with the appointment and responsibilities of the Council of Ministers, including the Prime Minister.
  • Article 164 of the Constitution outlines the provisions related to the CoMs in a state.
  • Article 239AA of the Constitution outlines special provisions for the NCT of Delhi.
• Removal clause: If a Minister (PM/CM/Minister) is arrested and detained for 30 consecutive days on charges punishable with five years or more imprisonment, then:
  • President (on advice of PM/directly) removes Union Ministers/PM.
  • Governor (on CM’s advice) removes State Ministers.
  • Governor (directly) removes Chief Minister of State.
  • UT-specific amendments cover CMs/Ministers in UTs and J&K.
• Reappointment: Ministers can be reappointed upon release.

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Justification and Rationale Behind the Constitution (130th Amendment) Bill, 2025

• Good governance and constitutional morality: Ministers facing criminal charges undermine public trust and principles of responsible government.
• Character beyond suspicion: Elected representatives must rise above political interests to uphold the welfare of people.
• Constitutional gap: No explicit removal provision existed earlier; courts interpreted “pleasure of Governor/President” but bound by aid and advice doctrine.

Political and Legal Background

• Case reference:
  • Arrest of V. Senthil Balaji (DMK Minister, 2023) sparked controversy.
  • Governor R.N. Ravi dismissed him → CM M.K. Stalin reinstated after bail → later reshuffle removed Balaji after SC’s concerns.
• Judicial doctrine: Governors’ powers under Article 164 are not absolute, subject to aid and advice of the Council of Ministers.

Related Legislative Measures

• Constitution (130th Amendment) Bill, 2025 – For union and states.
• Government of Union Territories (Amendment) Bill, 2025 – Amends the Government of Union Territories Act, 1963 and covers UTs like Puducherry and Delhi.
• J&K Reorganisation (Amendment) Bill, 2025 – Amends section 54 in the 2019 reorganisation act (the act turned J&K from a state to a UT).
• All bills are likely to be referred to a Joint Committee of Parliament.

Procedural Issues in Parliament

• Rule 19A and 19B of Lok Sabha Rules: Require prior notice and circulation of bills to MPs before introduction.
• Government request: Sought leniency in procedural rules due to time constraints (Monsoon Session ending August 21, 2025).

Constitutional and Administrative Implications

• Strengthens executive accountability: Explicit mechanism for removal of tainted Ministers.
• Centre–State–UT differentiation: Separate but aligned amendments to maintain federal balance.
• Checks criminalisation of politics: Legislative attempt to safeguard public trust in governance.
• Risk of political misuse: 
  • Analysts criticized the Bill as a tool to destabilize opposition-ruled states.
  • Warning of misuse by central agencies to arrest opposition leaders, while ruling party leaders remain untouched.
  • There have been recent cases when incumbent CMs — such as Arvind Kejriwal in Delhi and Hemant Soren in Jharkhand — spent several weeks in jail on corruption allegations.
• May cause logjam in the session of Parliament: The government’s likely move comes when the Opposition has been making headlines with “vote theft” allegations, and holding protests against the SIR of the electoral rolls in Bihar. 

Conclusion

• In the coming years, if the Constitution (130th Amendment) Bill, 2025 is enacted, India may witness a paradigm shift towards greater constitutional accountability and ethical governance.
• It will ensure that public offices remain free from the shadow of serious criminal allegations. 
• However, the true test of these reforms will lie in safeguarding them from political misuse, thereby balancing the ideals of constitutional morality with the principles of natural justice.

Source: TH | IE | HT