Constitution (130th Amendment) Bill, 2025: Ensuring Accountability of Ministers in Custody

Introduction

The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, introduced in the Lok Sabha (Bill No. 111 of 2025), seeks to address a significant constitutional vacuum. At present, there is no explicit provision in the Indian Constitution for the removal of a Prime Minister, Chief Minister, or Minister who is arrested and detained in custody on serious criminal charges. This Bill aims to set a framework to safeguard constitutional morality, public trust, and good governance.

Key Amendments Proposed

1. Amendment to Article 75 (Union Ministers)

  • A Union Minister, including the Prime Minister, who is arrested and detained for 30 consecutive days on charges punishable with imprisonment of five years or more, shall be removed from office.

  • The President shall act on the advice of the Prime Minister.

  • If the Prime Minister himself is in custody, he must resign within 31 days. If not, he will automatically cease to hold office.

2. Amendment to Article 164 (State Ministers)

  • Similar provisions are proposed for State Ministers and Chief Ministers.

  • A Minister in a State Cabinet in custody for 30 days on serious criminal charges will cease to hold office.

  • The Governor will act on the advice of the Chief Minister.

  • A Chief Minister in custody must resign within 31 days, failing which, removal will be automatic.

3. Amendment to Article 239AA (Delhi Ministers)

  • Special provisions have been included for the National Capital Territory of Delhi.

  • The President, on the advice of the Chief Minister, will remove any Minister detained for 30 days.

  • If the Chief Minister is in custody, resignation is mandatory within 31 days.

Statement of Objects and Reasons

The Bill is rooted in public accountability and good governance:

  1. Ministers represent the trust and aspirations of citizens.

  2. Their conduct must be above suspicion.

  3. A Minister facing serious criminal allegations while in custody risks obstructing governance and weakening constitutional morality.

  4. The absence of a constitutional mechanism for removal under such circumstances necessitated this amendment.

Thus, the Bill aims to prevent misuse of office, restore constitutional faith, and strengthen the democratic ethos of India.

Why This Amendment Matters

  • It addresses a long-standing gap where Ministers, despite being in judicial custody on grave charges, continued to remain in office.

  • It provides legal clarity and prevents misuse of political positions during trials.

  • It strengthens the principle of clean politics by ensuring that governance is not undermined by individuals under serious criminal investigation.

Conclusion

The Constitution (130th Amendment) Bill, 2025, is a landmark step in reinforcing accountability in Indian democracy. By mandating automatic removal of Ministers, Chief Ministers, or even the Prime Minister if they are in custody on grave charges, the amendment ensures that public faith in governance remains intact.

If passed, this amendment will stand as a historic reform—one that places the principles of constitutional morality, good governance, and ethical politics above individual power and political convenience.


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