Constitution (130th Amendment) Bill, 2025: Removal of the Prime Minister, Chief Ministers and Ministers Detained for 30 Days, Articles 75, 164 and 239AA, Arguments For and Against (UPSC Notes + PYQs)

The gap the Bill targets

In 2024 a sitting Chief Minister of Delhi ran the government for months from Tihar jail, signing files through his lawyers. In Tamil Nadu a Minister stayed in the Cabinet without a portfolio for over eight months while in custody. Nothing in the Constitution forced either to step down. The law of disqualification works on conviction, not on arrest: under Section 8 of the Representation of the People Act, 1951, a legislator convicted and sentenced to two years or more loses the seat, and after Lily Thomas v. Union of India (2013) this happens at once. But a Minister who is only charged and detained can stay in office, because the Constitution assumes Ministers serve at the pleasure of the President or Governor on the advice of the head of government, and that political morality will do the rest.

The government argues that this morality has worn thin, and that public trust in constitutional office requires a clear rule. The opposition argues that the cure could be worse than the disease. That debate is the heart of the topic.

What the Bill provides

The triggers are: arrest and detention for 30 consecutive days, for an offence punishable with imprisonment of five years or more. The person can be appointed again after release from custody. Two companion bills, the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, extend the same rule to Puducherry and Jammu and Kashmir.

Procedure to pass

As a constitutional amendment under Article 368, the Bill needs a special majority in each House: a majority of total membership and two-thirds of members present and voting. The question whether it also needs ratification by half the State legislatures, given that it touches the State executive, is itself debated. The Bill was referred to a Joint Parliamentary Committee chaired by Aparajita Sarangi, which several opposition parties declined to join, arguing that the Bill was unconstitutional. In July 2026 the Committee deferred adoption of its draft report for further consultation, and its term was extended; the Bill has not been passed.

Arguments in favour

• Constitutional morality: a person running a government from jail lowers the dignity of the office and the trust of citizens.
• Governance: a jailed Minister cannot attend Cabinet meetings, travel or meet officials; administration suffers.
• Criminalisation of politics: data compiled from election affidavits show that a large share of MPs and MLAs face criminal cases, many serious. A clear rule sends a signal.
• Parity with civil servants: a government servant detained for over 48 hours is deemed suspended; why should a Minister be treated more leniently?
• Reappointment allowed: the Bill does not disqualify; it only removes from office during custody.

Arguments against

• Presumption of innocence: arrest is not proof of guilt. Penalising an office holder before trial runs against a basic principle of criminal law.
• Misuse of agencies: courts have criticised central agencies in several cases; critics fear arrests timed to topple opposition governments, especially under laws such as the PMLA where bail is hard.
• Federalism: Chief Ministers could be removed through arrests by central agencies, upsetting the balance of power between the Union and States.
• Executive over the electorate: the voter and the legislature, through a no-confidence motion, are the proper judges of who governs.
• Basic structure: critics argue the Bill may violate democracy, federalism and the rule of law, parts of the basic structure from Kesavananda Bharati (1973).
• Asymmetry: a PM may be less exposed than Chief Ministers, since central agencies report to the Union.

What courts have said

In Manoj Narula v. Union of India (2014), the Supreme Court said that the PM and CMs are expected not to choose persons with criminal backgrounds as Ministers, but left it to their wisdom rather than imposing a ban. In Public Interest Foundation (2018), it asked parties and candidates to publicise criminal cases, and urged Parliament to make a law to keep criminals out of politics. In Rambabu Singh Thakur (2020), it asked parties to explain why they chose candidates with criminal records. The courts have repeatedly said that the remedy lies with Parliament, which is what the Bill claims to provide.

A balanced way forward

Many experts suggest that the purpose can be met with fewer risks. Options include: linking removal to framing of charges by a court rather than arrest; time-bound trials of cases against legislators through special courts, as the Supreme Court has pushed since 2017; independent oversight of investigating agencies so that arrests are not political; and an internal convention that a Minister steps aside when charged. A strong Lokpal and Lokayuktas and full disclosure of criminal records by parties would also help. The test for any reform is whether it cleans politics without giving the party in power at the Centre a weapon against its rivals.

PYQ trend

Prelims asks about Ministers, disqualification and the Tenth Schedule. Mains GS-II asks about the RPA, corrupt practices, limits on amending power and integrity in public life; the Bill is a strong current example.

130th Amendment Bill: UPSC angle

130th Amendment Bill UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

Mains PYQs on this topic

Questions from the official UPSC Mains papers (2023-2026 in the Battle IAS Mains bank), newest first. Each links to a model answer.

1. UPSC Mains 2025 · GS Paper II · Q12 · 15 marks

   Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.

   Model answer and approach

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