Institute of Legal and Management Studies

The 130th Constitution (Amendment) Bill, which proposes to remove a Central or State Minister (including the Prime Minister and Chief Minister) from office if they are arrested and detained for 30 days in relation to an offence punishable with 5 years (or more) imprisonment, has been referred by the Lok Sabha to a Joint Parliamentary Committee.

The Bill was introduced today by Home Minister Amit Shah alongwith two other Bills for corresponding amendments in Union Territories' laws, that is, the Government of Union Territories Act, 1963 and the Jammu and Kashmir Reorganization Act, 2019.

While the motion to introduce the Bills was met with heavy opposition by political leaders including Asaduddin Owaisi (AIMIM), Manish Tewari (INC), NK Premchandran (RSP), KC Venugopal (INC) and Dharmendra Yadav (SP), the Bill was eventually allowed to be introduced as a result of the voting process. A separate motion to refer the Bills to a Joint Committee was also similarly allowed.

Cumulatively, the 3 Bills propose to empower the President/Governor/Lieutenant Governor to remove a Central/State/Union Territory Minister from office if they are jailed for 30 days on allegations of involvement in a serious offense. They were referred to a Joint Parliamentary Committee, consisting of 21 Lok Sabha members and 10 Rajya Sabha members.

The 130th Constitution (Amendment) Bill seeks to introduce a new clause in Article 75 of the Constitution (dealing with Central Ministers), which shall provide:

"A Minister, who for any period of thirty consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office by the President on the advice of the Prime Minister to be tendered by the thirty-first day, after being taken in such custody".

If the Prime Minister does not render such advice to the President by the 31st day, the Minister concerned shall automatically cease to hold office from the following day. The provision however shall not bar the Minister from being appointed to the office by the President after release from custody.

Similar clauses are sought to be inserted in Article 164 of the Constitution (with respect to State Ministers) and Article 239AA (with respect to NCT of Delhi). Likewise, amendments to the Government of UT Act and the J&K Reorganization Act are sought to be carried out to apply the proposed law to Union Territories.

In the Statement of Objects and Reasons for the 130th Constitution (Amendment) Bill, it is stated that a Minister holding office should be beyond "any ray of suspicion" and act only for welfare of the people. It is further stated that a Minister who is detained over allegation of serious criminal offences "may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him".

The Bills comes in the backdrop of certain recent instances of Ministers, including Chief Ministers, being arrested and detained for serious offenses. For instance, former Delhi Chief Minister Arvind Kejriwal (accused in the Delhi Liquor Policy 'Scam'), former Tamil Nadu Minister V Senthil Balaji (accused in TN Cash-for-Jobs scam), Jharkhand Chief Minister Hemant Soren (accused in a land 'scam'), former West Bengal Education Minister Partha Chhatterjee (accused in WB recruitment scam), etc. faced jailtime over money laundering charges, corruption, etc.

Though most of the Ministers were enlarged on bail, the cases are pending. Senthil Balaji, in particular, was removed from his post by the TN Governor. However, following grant of bail, he was reinstated. Subsequently, when his bail was sought to be cancelled, the Supreme Court expressed dismay at Balaji's reinstatement and called on him to choose between his post and liberty. Following this, Balaji resigned and the Court refused to cancel his bail.

Click Here To Read THE CONSTITUTION (ONE HUNDRED AND THIRTIETH AMENDMENT) BILL, 2025

Click Here To Read THE GOVERNMENT OF UNION TERRITORIES (AMENDMENT) BILL

Click Here To Read THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT) BILL, 2025