Amit Shah Introduces 130th Constitutional Amendment Bill in Lok Sabha

Union Home Minister Amit Shah introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, in the Lok Sabha during the Monsoon Session, marking a significant development in India’s constitutional history. The proposed legislation seeks to ensure that the Prime Minister, Chief Ministers, or any minister facing criminal charges with a minimum punishment of five years must vacate office if they remain in custody for 30 consecutive days.

The move, according to the government, is designed to bring parity between elected representatives and public servants, who are already subject to suspension upon arrest.

Union Home Minister Amit Shah speaks during a discussion in the Lok Sabha(Sansad Tv)

Key Features of the Bill

The 130th Amendment Bill lays down a framework where any Union or State minister, including the Prime Minister and Chief Ministers, will automatically lose office if held in custody beyond 30 days. In the case of the Prime Minister, the President would act on advice from the Council of Ministers; for Chief Ministers, the Governor would step in.

However, the bill does not permanently bar leaders from holding office. Once released from custody, they may be reappointed, striking a balance between accountability and democratic opportunity.

Government’s Rationale

While tabling the bill, Amit Shah highlighted that civil servants are suspended immediately after arrest, whereas no such provision exists for top political leaders. This, he argued, creates a constitutional gap where individuals facing serious charges can continue to govern despite being in judicial custody. The amendment, according to the Home Minister, aims to strengthen public faith in democratic institutions by ensuring fairness and transparency.

Opposition Reactions

The proposal triggered heated exchanges in Parliament. Opposition MPs raised concerns over potential misuse, arguing that arrests could be politically motivated and might be used to dislodge elected governments. Several members described the legislation as “unprecedented” and “controversial,” calling for deeper parliamentary scrutiny.

Leaders like Rahul Gandhi warned that it could undermine democratic freedoms, while others stressed that due process and the principle of “innocent until proven guilty” must remain central to governance.

Concerns from Legal Experts

Constitutional experts have pointed out the far-reaching implications of the amendment. Senior jurists noted that granting automatic removal powers linked to custody could shift the balance of power between the executive, judiciary, and investigative agencies. Some also raised the question of how this provision might affect federalism, especially in states led by opposition parties.

Committee Review and Next Steps

The amendment bill has been referred to a Joint Parliamentary Committee (JPC) for further study. As a constitutional amendment, it requires a two-thirds majority in both Houses of Parliament and subsequent approval by half of India’s states before becoming law.

Two additional bills linked to Union Territories and Jammu & Kashmir were also introduced and will follow the standard legislative process, requiring only a simple majority for passage.

Conclusion

The introduction of the 130th Amendment Bill is one of the most significant constitutional discussions in recent times. While the government emphasizes the need for accountability at the highest levels of leadership, the opposition and legal experts have cautioned against possible unintended consequences. The final shape of the law will depend on the findings of the Joint Parliamentary Committee and the ensuing debate, which is expected to be intense and closely watched across the nation.

(Sources: Hindustan Times, NDTV, Moneycontrol)