Tag: Constitution (130th Amendment) Bill – Key Features

INDIAN POLITY

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. 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…