130th Constitutional Amendment Bill
| Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 | |
|---|---|
 | |
| Parliament of India | |
| A Bill further to amend the Constitution of India. | |
| Territorial extent | India |
| Enacted by | Lok Sabha |
| Enacted by | Rajya Sabha |
| Legislative history | |
| Bill introduced in the Lok Sabha | Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 |
| Bill citation | Bill No. 111 of 2025 |
| Introduced by | Amit Shah |
| Status: Pending | |
The One Hundred and Thirtieth Amendment Bill to the Constitution of India- officially known as Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, is a proposed amendment introduced in the Lok Sabha on 20 August 2025.
The Bill seeks to provide for the removal of the Prime Minister, Chief Ministers, and other Ministers if they are arrested and detained for thirty consecutive days on charges punishable by imprisonment of five years or more.[1]
Background and legislative history
- 20 August 2025: The Bill was introduced by Amit Shah, Minister of Home Affairs in the Monsoon Session of Parliament. The bill was referred to a Joint Committee of both Houses for detailed scrutiny.[2]
Key provisions
The proposed amendment aims to insert new clauses into the Constitution:
- Article 75 – Requires the President to remove a Union Minister (including the Prime Minister) who has been arrested and detained for 30 consecutive days for offences punishable with at least five years' imprisonment. If the Prime Minister does not resign by the 31st day, they cease to hold office. Reappointment is possible post-release.[3]
- Article 164 – Extends similar provisions to State Chief Ministers and Ministers. Detention for 30 days triggers removal by the Governor at the Chief Minister’s advice; failure to advise results in automatic cessation.
- Article 239AA – Applies the same rules to the National Capital Territory of Delhi’s ministers, with removal, resignation, or automatic cessation if detained for 30 consecutive days.
Statement of Objects and Reasons
According to the Bill’s Statement of Objects and Reasons, the measure is intended to uphold constitutional morality and governance by ensuring that individuals facing serious criminal allegations — and prolonged detention — do not retain ministerial power, which could undermine public trust.[4]
See also
References
- ↑ "No Conviction Needed, Amit Shah Bill to Let Governors Sack CM, Ministers After 30 Days in Jail". The Wire. Retrieved 20 August 2025.
- ↑ Singh, Vijaita (19 August 2025). "Amit Shah to move three bills for removal of PM, CMs, Ministers held on serious criminal charges". The Hindu. ISSN 0971-751X. Retrieved 20 August 2025.
- ↑ "Owaisi critiques Constitution's 130th Amendment Bill, says it will "violate principle of separation of powers"". The Economic Times. 20 August 2025. ISSN 0013-0389. Retrieved 20 August 2025.
- ↑ "Centre to introduce bills that can sack the PM, CMs and top ministers held in custody for 30 days". www.india.com. Retrieved 20 August 2025.
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