Constitution 130th Amendment Bill 2025: Amit Shah Defends Provision for Removal of Jailed Ministers

Union Home Minister Amit Shah has strongly defended the Constitution 130th Amendment Bill 2025, which proposes the removal of Union and State ministers, including the Prime Minister and Chief Ministers, if they remain in custody for more than 30 days on charges carrying a jail term of five years or more.

In an interview with ANI, Shah argued that the Bill seeks to restore political morality and questioned the Opposition’s move to block its introduction in Parliament. “In a democracy, is it right to prevent a Bill from even being tabled? Parliament is meant for discussion, not disruption,” he said.

Why the Constitution 130th Amendment Bill 2025 Was Introduced

The Home Minister explained that the Bill addresses a “new trend” where ministers refuse to resign after being jailed. “Since Independence, leaders went to jail but resigned first. Now, in states like Tamil Nadu and Delhi, ministers are staying in office even from jail. Can a CM or PM run the government from jail? This is not good for democracy,” Shah stated.

He clarified that the Bill applies equally to both ruling and opposition parties. “Even today NDA has most chief ministers, including the PM. This law covers everyone. If a leader is in custody for 30 days without bail, he or she must step down. After bail, they can return and take oath again,” Shah added.

Safeguards and Legal Basis in the Bill

Shah underlined that the 30-day custody rule is a safeguard. If charges are false, higher courts can grant bail within that time. “Our judiciary is sensitive. If bail is denied, then the person cannot continue as CM or PM. This respects the dignity of democracy,” he said.

The Bill applies only to offences with punishment of five years or more, excluding minor cases. Shah also pointed out that India already has a law where an MP or MLA sentenced to over two years loses membership, though it can be restored upon acquittal.

Opposition’s Objections and Shah’s Counter

Opposition parties have labeled the Bill “unconstitutional” and a “Black Bill.” In response, Shah said the legislation is not about majority or minority governments. “If one member goes, the party continues ruling. But jail cannot become CM House or PM House,” he remarked.

Shah also accused Congress of double standards, recalling the 2013 UPA ordinance that sought to protect convicted MPs and MLAs, which Rahul Gandhi himself had torn apart publicly. “Now, the same Congress embraces leaders convicted of corruption. This Bill will ensure political morality is upheld,” he argued.

Next Steps for the Constitutional Amendment

The Constitution 130th Amendment Bill 2025 has been referred to a Joint Parliamentary Committee comprising members of both Houses. Shah expressed confidence that it will secure the required two-thirds majority.

He also highlighted that Prime Minister Narendra Modi himself supported including the PM’s post under this law, calling it a step against misuse of power. “Earlier, Indira Gandhi brought the 39th amendment to protect top offices from judicial review. Modi ji has done the opposite—he has brought an amendment that includes himself under scrutiny,” Shah said.

The Bill, if passed, is expected to mark a historic shift in India’s democratic framework, ensuring that those in power cannot govern while in custody for serious crimes.

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