130th Amendment: A quiet law with Tremendous Power!
- ByPrachi Sharma
- 20 Aug, 2025
- 0 Comments
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On August 20, 2025, Union Home Minister Amit Shah introduced the Constitution (130th Amendment) Bill, 2025 in the Lok Sabha, alongside two other significant amendments. This landmark legislation aims to institute a legal mechanism to remove the Prime Minister, Chief Ministers, Union ministers, and ministers of states or Union Territories who are arrested and detained for 30 consecutive days on serious criminal charges carrying five years or more imprisonment .
The amendment proposes insertion of new clauses into Article 75 (Union ministers), Article 164 (state ministers), and Article 239AA (Delhi’s administration) to operationalize this mechanism. If an official fails to resign by the 31st day of detention, they will automatically cease to hold office. However, the bill allows for their reappointment post-release .
Proponents argue this move strengthens governance integrity and public trust by ensuring individuals facing serious criminal allegations cannot retain power merely due to the absence of a conviction. Critics, including AIMIM leader Asaduddin Owaisi, warn it may undermine the separation of powers, due process, and the federal democratic fabric by penalizing detained individuals without judicial outcome, effectively empowering investigative agencies over elected representatives.
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