130th Constitutional Amendment Bill 2025, Provisions, Significance, Criticisms, UPSC Notes!

The 130th Constitutional Amendment Bill, 2025 is a landmark proposal that seeks to strengthen political accountability in India. The Bill makes it mandatory for the Prime Minister, Chief Ministers, and Ministers to step down from their posts if they remain in custody for more than 30 days on serious criminal charges. It seeks to amend Articles 75, 164, and 239AA of the Indian Constitution. The Bill aims to ensure clean governance, uphold constitutional morality, and build greater trust in public institutions.

This topic is highly relevant for GS Paper II (Polity and Governance) of the UPSC exam as it deals with constitutional provisions, separation of powers, accountability of the executive, and issues of criminalisation of politics. 

Download the Last 10 Years UPSC Question Papers with Answers PDF!

Download the Prelims Pointers on 130th Constitutional Bill UPSC!

About the 130th Constitutional Amendment Bill

The 130th Constitutional Amendment Bill, 2025, proposes to amend the Constitution of India to establish a legal framework for the removal of ministers facing serious criminal charges. The core objective is to ensure that individuals holding high constitutional offices, such as the Prime Minister and Chief Ministers, cannot continue in their roles while detained or arrested for grave offences. This is a significant departure from the existing legal position, which does not provide for such a contingency.

Read the article on the Important Constitutional Amendments in India!

Historical Context

The Bill was triggered by several high-profile instances where elected leaders continued in office despite being under serious criminal accusations and judicial custody, exposing significant gaps in existing governance laws.

Recent Cases that Prompted the Bill

• Arvind Kejriwal Case: Delhi Chief Minister spent 6 months in jail in the liquor policy case while technically remaining in office
• V. Senthil Balaji Case: Tamil Nadu minister remained in custody for money laundering charges
• Hemant Soren Case: Jharkhand CM resigned hours before arrest but resumed office after bail

These cases highlighted the legal vacuum where no constitutional provision existed to remove ministers who are arrested and detained on serious criminal charges.

The Bill aims to address several critical governance challenges:

• To Uphold Constitutional Morality: The primary objective is to codify the principle of constitutional morality, arguing that an individual with serious criminal allegations should not occupy a high constitutional office, regardless of conviction.
• To Ensure Good Governance: The bill aims to prevent any disruption in governance that may arise if a head of government or minister is managing state affairs from detention.
• To Curb Criminalisation of Politics: By creating an automatic mechanism for removal, the bill seeks to act as a deterrent for politicians with serious criminal backgrounds.
• To Enhance Public Trust: The amendment is intended to reassure citizens that their elected representatives will be held to a high standard of conduct and accountability.

According to the Bill's statement of objectives, ministers facing serious criminal charges who remain in custody may "thwart or hinder the canons of constitutional morality and principles of good governance".

Read the article on the 105th Constitutional Amendment Act!

What are the Key Provisions of the 130th Constitutional Amendment Bill?

The bill proposes to amend key articles of the Constitution to achieve its objectives. The main provisions are:

1. Mandatory Removal after 30 Days: It proposes that a Prime Minister, a Chief Minister, or a minister at the Union or State level will be mandatorily removed from office if they are arrested and held in custody for a continuous period of 30 days.
2. Nature of Offence: This provision applies to allegations of committing an offence punishable with imprisonment for a term of five years or more.
3. Amendment of Articles: The bill seeks to amend:
   • Article 75: Pertaining to the Union Council of Ministers, including the Prime Minister.
   • Article 164: Pertaining to the State Council of Ministers, including the Chief Minister.
   • Article 239AA: Pertaining to the Council of Ministers of the National Capital Territory of Delhi.
4. Reappointment Clause: The bill includes a provision that nothing will prevent such a minister from being subsequently reappointed to their post upon their release from custody, provided they are not disqualified under any other existing law.

Removal Mechanism

Read the article on the 42nd Amendment Act of Indian Constitution!

The bill has sparked a debate on several constitutional and legal principles:

• Presumption of Innocence: A major point of contention is that the bill effectively punishes an individual based on a mere allegation and arrest, circumventing the legal principle of "innocent until proven guilty." Under the current legal system, an individual is only disqualified after a conviction.
• Separation of Powers: Critics argue that the bill gives the executive (through central agencies like the CBI and ED) immense power to influence political outcomes and destabilise governments without judicial oversight. They contend that this undermines the separation of powers by allowing non-judicial bodies to effectively remove an elected official.
• Superseding Existing Law: The bill introduces a new standard for removal that is independent of the existing legal framework of disqualification under the Representation of the People Act, 1951.

Read the article on the Constitution of India!

What is the Significance of the 130th Amendment of Indian Constitution?

• Governance Reform

• • Ethical Standards: Aligns elected representatives with civil service accountability norms
  • Zero Tolerance: Demonstrates commitment to clean governance and anti-corruption measures
  • Public Confidence: Addresses public demand for higher standards from elected officials
  • Constitutional Morality: Upholds dignity and integrity of constitutional offices
• Deterrent Effect: The Bill serves as a strong deterrent against criminalization of politics, sending a clear message that serious criminal allegations have immediate consequences for those in power.
• International Best Practices: Brings India closer to international standards where public officials facing serious charges typically step aside during investigations.

Read the article on the Important Articles of Indian Constitution!

What Impact will the Bill have on Governance and Federal Structure?

The bill could have a profound impact on India's federal structure.

As the power to remove a state-level minister on the basis of arrest could be vested in the Governor (who acts on the advice of the Chief Minister, or in case of a CM's own arrest, the Governor's discretion), and given that Governors are central appointees, this could be seen as an indirect way for the Union government to interfere in state affairs.

This could lead to political instability and a breakdown of trust between the Union and the States.

What are the Criticisms Faced by the 130th Constitutional Amendment Bill?

The bill has faced strong criticism on the following grounds:

• Undemocratic and Arbitrary: Critics argue that removing an elected official based on an arrest, without a trial or conviction, is a violation of democratic principles.
• Potential for Misuse: The most significant criticism is the potential for the bill to be used to settle political scores and dismantle democratically elected state governments.
• Ignoring Judicial Process: The bill is seen as bypassing the judicial system, which is the rightful authority to determine guilt or innocence.
• Assault on Federalism: Many state leaders have condemned the bill as an assault on federalism, fearing it will weaken the autonomy of state governments.

You can download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.