Removal of ministers after 30 days in jail is the focus of a new constitutional reform proposed by the Union government. In a move aimed at strengthening political accountability, three bills—including the Constitution (130th Amendment) Bill, 2025—seek to disqualify ministers, including the Prime Minister and Chief Ministers, if they remain in custody for 30 consecutive days on serious criminal charges.
📜 What Is the 130th Amendment Bill?
The Constitution (130th Amendment) Bill, 2025, along with two supplementary bills for Jammu & Kashmir and Union Territories, seeks to amend Articles 75, 164, and 239AA of the Constitution. The key provisions include:
- If a minister is arrested and detained for 30 days in a case punishable with five years or more, they must be removed from office.
- If the Prime Minister or Chief Minister fails to resign by the 31st day, they will automatically cease to hold office.
- Upon release from custody, they can be reappointed.
These bills are expected to be referred to a Joint Committee of Parliament for further scrutiny.
🔗 Read the full Constitution (130th Amendment) Bill, 2025
⚖️ Why Now?
Recent controversies have highlighted gaps in political accountability:
- Arvind Kejriwal, former Delhi CM, remained in office for months while incarcerated in the liquor policy case.
- V Senthil Balaji, ex-Tamil Nadu minister, was arrested in a money laundering case and only resigned after judicial intervention.
These cases prompted calls for automatic disqualification mechanisms
🧠 What the Government Says
Union Home Minister Amit Shah emphasized that ministers represent the hopes and aspirations of the people, and their conduct must be beyond suspicion. The bills aim to uphold constitutional morality, good governance, and public trust.
“A Minister facing serious criminal allegations may thwart constitutional morality and diminish the trust reposed by the people,” the statement reads.
🔍 What’s Changing in the Constitution?
Here’s a simplified breakdown of the proposed clauses:
| Article | Who It Affects | Key Provision |
|---|---|---|
| 75 | PM & Union Ministers | Removal after 30 days in custody; automatic if no resignation |
| 164 | CMs & State Ministers | Same rule applies at state level |
| 239AA | Delhi CM & Ministers | Applies to Delhi’s governance structure |
🚨 Opposition’s Concerns
Shashi Tharoor described the bills as “reasonable,” but other leaders raised alarms about potential misuse. Critics warn that the Centre could weaponize central agencies to arrest opposition leaders and destabilize non-BJP governments through politically motivated actions.
🧾 Reappointment Clause
The bills clearly state that once authorities release the PM, CM, or minister from custody, they may reappoint them, provided they follow constitutional procedures.
🗳️ Why This Matters
If passed, these amendments could:
- Set a new standard for political accountability
- Reduce the criminalization of politics
- Trigger debates on due process vs. automatic removal
📬 Final Thoughts
The removal of ministers after 30 days in jail could redefine political ethics in India. While it promises cleaner governance, its implementation will require scrutiny to prevent misuse.
Stay tuned to Vakilify for more updates that decode legal reforms into actionable insights for law students, professionals, and curious citizens.
