Context:
On August 20, the government introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 in Loksabha, triggering fierce opposition protests. This Bill seeks to amend key constitutional provisions — Articles 75, 164, and 239AA — to introduce a mandatory mechanism for the removal of Ministers and Chief Ministers who are arrested and detained on serious criminal charges for a continuous period of 30 days, was eventually referred to a Joint Parliamentary Committee (JPC) for further scrutiny.
Key Provisions of the Amendment:
At its core, the amendment proposes that:
- Any Union Minister, including the Prime Minister, who is arrested and held in custody for 30 consecutive days on charges punishable with five years or more of imprisonment, must either resign or face automatic removal from office.
- If the Prime Minister does not resign by the 31st day of custody, he/she will automatically cease to hold office.
- Similar provisions will apply to State Ministers and Chief Ministers, where the responsibility for recommending removal lies with the Governor upon the Chief Minister’s advice (or in the CM's own case, voluntary resignation is expected).
- In the case of Delhi’s Government, under Article 239AA, parallel provisions have been proposed, where removal will be initiated by the President on the advice of the Chief Minister.
Importantly, the Bill allows for reappointment of such individuals after their release from custody, if acquitted or legally eligible, thereby balancing fairness with the need for temporary removal during periods of legal uncertainty.
Objectives:
Uphold Constitutional Morality: Ensure that individuals facing serious criminal allegations do not retain ministerial power, which could undermine public trust.
Clean Governance: Prevent detained individuals from continuing in executive roles, aligning with principles of good governance.
Controversies and Concerns:
- Potential Misuse: Critics argue that the bill could be used to target opposition leaders through selective arrests and detention, undermining the presumption of innocence.
- Federalism and Separation of Powers: The bill may infringe upon the principles of federalism and separation of powers, sparking debates about its constitutionality
About Joint Parliamentary Committee:
- A Joint Parliamentary Committee (JPC) is an ad-hoc, bipartisan committee formed under Lok Sabha rules to examine specific bills or policy matters in detail. Constituted by the Lok Sabha Speaker, with members from both Houses (typically 21 from Lok Sabha and 10 from Rajya Sabha), it reflects party strength proportionally. The JPC can summon documents, witnesses, and experts. Though its recommendations are advisory, they influence legislation. It generally has 90 days to submit a report, which is then presented to Parliament.
Way Forward:
The Constitution (130th Amendment) Bill, 2025 has sparked a crucial debate on balancing accountability in public office with the principles of due process and federalism. As the Joint Parliamentary Committee (JPC) begins its review,a balanced, consensus-driven approach will be key to ensuring reforms without eroding democratic norms.
