Home Minister Amit Shah is set to table three significant bills in Parliament today, August 20: the Union Territory Administration Amendment Bill, 2025, the Jammu and Kashmir Reorganisation Bill, 2025, and the 130th Constitutional Amendment Bill.
Of these, the 130th Constitutional Amendment Bill has drawn major attention, as it introduces a new provision to the Constitution for automatic removal of elected representatives, including the prime minister, chief ministers, and ministers, if they remain in judicial custody for more than 30 consecutive days on charges carrying imprisonment of five years or more.
The bill seeks to insert Section 5A into Article 239AA of the Constitution. The provision mandates that a CM, PM, or minister must resign on the 31st day of custody, failing which they will automatically cease to hold office.
For the prime minister, an amendment to Article 75 makes a similar provision: “In case of the Prime Minister… arrested and detained in custody for 30 consecutive days on serious charges… he shall tender his resignation by the 31st day, failing which he shall cease to be the Prime Minister.”
Importantly, the amendment clarifies that once released, such leaders may be reappointed to office.
The proposal comes after controversies where leaders continued in office despite being in custody.
Arvind Kejriwal, Delhi CM, did not resign for nearly six months while jailed in the alleged liquor scam case.
Tamil Nadu’s Senthil Balaji also continued as minister despite being arrested.
Government sources said the amendment is aimed at preventing constitutional deadlock and protecting “constitutional morality” when elected representatives face serious criminal charges.
The Jammu and Kashmir Reorganisation Bill, 2025 amends Section 54 of the 2019 Act, inserting a clause for the removal of ministers or the CM detained for over 30 days. The Lieutenant Governor, acting on the CM’s advice, will remove the detained minister.
Similarly, the Union Territory Administration Amendment Bill adds a matching clause to Section 45.
The statement of objectives highlights: “A minister facing allegations of serious criminal offences, arrested and detained in custody, may undermine constitutional morality and good governance, diminishing the trust reposed by the people.”
The opposition has strongly opposed the move, alleging that the amendment could be used to destabilise non-BJP governments.
Senior Congress leader and Rajya Sabha MP Abhishek Manu Singhvi, who represented Kejriwal in the Supreme Court, posted on X: “No guidelines for arrest, opposition leaders targeted disproportionately. New law removes incumbents immediately on arrest. Best way to topple opposition CMs is through arbitrary arrests.”
He accused the government of weaponising investigative agencies to silence rivals.
The government has indicated that the 130th Constitutional Amendment Bill may be referred to a joint parliamentary committee for wider consultation, given its sweeping constitutional implications.
If passed, the new law will mark a historic shift in India’s governance framework, creating unprecedented accountability for elected representatives while raising sharp debates on federalism, political misuse, and constitutional morality.
Comments