The 130th Constitutional Amendment Bill 2025

Source: Indian Express 

Introduction 

The Constitution (130th Amendment) Bill 2025 is an important new law proposed to fix a serious gap in India’s Constitution. It says that any minister who is in jail for 30 days or more on serious criminal charges must be removed from their position. Current Home Minister introduced the bill in Parliament, but it has faced strong opposition. It has now been sent to a Joint Parliamentary Committee for a closer review. The bill aims to protect public trust and ensure honesty in government, but it also raises concerns about fairness, legal rights, and how democracy works. 

What was 130th Constitutional Amendment: Provisions and Process? 

• Core Provisions of the Amendment: 
  • The 130th Amendment Bill adds new rules to key constitutional articles governing ministers. 
  • The bill changes Article 75 of Indian Constitution for central ministers, Article 164 for state ministers, and Article 239AA for Delhi ministers.  
  • The main rule is simple: any minister jailed for 30 straight days on serious charges (punishable by 5+ years) must be removed from office. 
  • The removal process is structured clearly. 
  • The President removes central ministers when the Prime Minister advises, while Governors remove state ministers when Chief Ministers advise. 
  •  If this advice isn't given by day 31, the minister automatically loses their position.  
  • Prime Ministers and Chief Ministers must resign themselves within 31 days or automatically lose office. 

What was the Constitutional Process Under Article 368 for Amendment? 

• Article 368 gives Parliament the power to change the Constitution through a specific process.  
• The 130th Amendment must pass both Houses of Parliament with special majorities - not just regular majority but two-thirds of members present and voting.  
• Since this amendment affects important articles about government structure, it may also need approval from at least half of all state legislatures.  
• This ensures that major changes get broad agreement across the country. 
• Parliamentary Scrutiny Through Joint Committee 
  • The bill has been sent to a Joint Parliamentary Committee with 31 members from both Houses for detailed study. 
  • This committee will examine the bill's provisions, check its constitutional effects, and consider public opinions. While the committee's recommendations are not binding, they strongly influence parliamentary debates and final decisions.  
  • The committee can suggest changes or even recommend rejecting the bill entirely. 
• Articles Being Amended and Companion Bills 
  • The 130th Constitutional Amendment Bill works in conjunction with two companion bills to create a comprehensive legal framework across all levels of government.  
  • The Constitution (130th Amendment) Bill 2025 specifically: 
    • amends Article 75 dealing with central ministers, Article 164 concerning state ministers, and Article 239AA relating to the National Capital Territory of Delhi.  
    • The Jammu and Kashmir Reorganisation (Amendment) Bill 2025 amends Section 54 of the J&K Reorganisation Act 2019 to cover ministers in Jammu and Kashmir.  
    • The Government of Union Territories (Amendment) Bill 2025 modifies Section 45 of the Government of Union Territories Act 1963 to extend similar provisions to other union territories. 

What is the Critical Analysis of Constitutional Implications? 

• The proposed amendments raise important constitutional questions.  
  • The provision goes against the basic legal principle that someone is innocent until proven guilty, as it punishes ministers based on arrest, not conviction.  
  • Opposition parties worry about misuse of investigating agencies to target political opponents.  
  • The amendments create problems with separation of powers by letting investigation agencies effectively decide ministerial careers. 
• The bills do address a real problem - the Constitution currently has no clear rules for ministers facing serious criminal charges while in office. 
• The mandatory removal aims to maintain public trust in government institutions.  
  • The automatic removal system prevents delays and ensures quick action when needed. The option to reappoint ministers after jail release tries to balance immediate needs with fairness. 
  • The amendments keep the federal structure by maintaining constitutional roles of Presidents, Governors, and Chief Ministers in removals. 
  • However, critics worry that central agencies could destabilize state governments through selective arrests. The bills ensure the same rules apply everywhere from central ministers to union territory ministers. The provisions respect existing power structures while creating clear accountability standards for all elected representatives. 

Conclusion 

The 130th Constitutional Amendment Bill represents a significant attempt to strengthen governance integrity while raising important questions about democratic principles and due process rights. The Joint Parliamentary Committee's examination will be crucial in addressing opposition concerns and potentially suggesting modifications that better balance institutional accountability with individual rights. The amendment's success will largely depend on its implementation and whether it genuinely serves public interest rather than partisan political purposes. This legislative proposal will be closely watched as a test of India's capacity to evolve its constitutional framework while preserving fundamental democratic values and federal principles.