Constitution (130th Amendment) Bill – Key Features
- Context: The Joint Parliamentary Committee (JPC) examining the 130th Constitution Amendment Bill is expected to adopt its report soon.
Objective of the Bill
- The objective of this Bill is to introduce a constitutional provision mandating the automatic removal from office of a Prime Minister, Chief Minister, or Minister who remains in judicial custody for a continuous period of 30 days.
Applicability
- This rule applies only in cases involving offenses punishable by imprisonment of more than five years, where the individual remains in judicial custody for a continuous period of 30 days.
Key Provisions of the Constitution (130th Amendment) Bill, 2025
Constitutional Amendments
- The Bill proposes changes to Article 75, Article 164, and Article 239AA of the Constitution.
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- Article 75 relates to the appointment and duties of the Council of Ministers at the Union level, including the Prime Minister.
- Article 164 provides provisions related to the Council of Ministers in the States.
- Article 239AA contains special provisions for the National Capital Territory (NCT) of Delhi.
Removal Provision
- If a Minister (including PM/CM/other Ministers) is arrested and kept in custody for 30 consecutive days for offences punishable with five years or more imprisonment, removal can take place as follows:
- At the Union level, the President removes Union Ministers/Prime Minister based on the advice of the PM or directly as applicable.
- In States, the Governor removes State Ministers on the advice of the Chief Minister.
- The Governor can directly remove the Chief Minister of a State.
- Similar provisions apply to Union Territories and Jammu & Kashmir, covering Chief Ministers and Ministers.
Reappointment Clause
- A Minister who is removed under this provision can be reappointed after being released from custody.
Current Status
- This Constitution (130th Amendment) Bill was introduced by Union Home Minister in August 2025.
- It is currently under review by a Joint Parliamentary Committee (JPC).
