Bill To Remove Ministers Facing Criminal Charges - Constitution (130th Amendment) Bill, 2025

Lok Sabha introduced the Constitution (130th Amendment) Bill, 2025. On August 19, 2025, this measure was introduced by Home Minister Amit Shah. The measure suggests modifications to the Indian Constitution with respect to ministers who are facing criminal charges.
This measure aims to amend three constitutional articles. These are Articles 75, 164, and 239AA. The amendments establish provisions for the removal of ministers in specific circumstances.

What The Bill Proposes

Amendment to Article 75

Article 75 pertains to the Union Council of Ministers. Clause 5A is incorporated into this article by the measure. The regulations for minister removal are established by this new clause.
The clause specifies the conditions for its removal. Ministers who are apprehended and detained for a period of 30 consecutive days are at risk of being removed. This pertains to offences that are punishable by five years of imprisonment or more.
By the 31st day, the Prime Minister is required to provide the President with advice. The minister is promptly removed from office if no advice is received. The removal occurs the day following the deadline.

The Prime Minister is also subject to special provisions. Resignation is mandatory if the Prime Minister is apprehended for such offences. By the 31st day of detention, the Prime Minister is required to tender his resignation.
The PM is automatically removed if they do not resign voluntarily. This occurs on the day following the 31-day deadline.
The clause permits reappointment subsequent to release from custody. Ministers and the Prime Minister are both eligible to resume their duties at a later date. The standard appointment procedures outlined in clause 1 are applicable.

Amendment to Article 164 The scope of Article 164 encompasses ministers of state governments. Clause 4A is incorporated into this article by the measure. At the state level, comparable regulations are enforced.
After a 30-day period of detention, state ministers may be subject to removal. Upon the Chief Minister's recommendation, the Governor removes them. Advice is subject to the same 31-day deadline.

If no advice is received by the deadline, automatic removal occurs. The minister is removed from office the following day. This removal cannot be averted by any political intervention.
Prime Ministers are subject to the same provisions as Chief Ministers. They are required to resign within 31 days of their detention. If they do not voluntarily resign, they will be automatically removed.

It is possible for the Governor to re-appoint ministers following their release. Reappointments of this nature are subject to standard constitutional procedures. These appointments are governed by the provisions of Clause 1.

Modification to Article 239AA

Delhi's administration is the subject of Article 239AA. Additionally, clause 5A is incorporated into the measure. The same removal provisions are applicable to Delhi ministers. On the recommendation of the Chief Minister, the President dismisses Delhi's ministers. Advice is subject to the same 31-day timeline. Without prompt notification, automatic removal transpires.

The Chief Minister of Delhi is subject to the same regulations as other Chief Ministers. It becomes mandatory to resign within 31 days. Noncompliance results in automatic removal. After his or her release from custody, the President has the option to reapppoint. Clause 5 provisions are applicable to such reappointments. The special administrative status of Delhi is preserved as a result.

Specific Conditions for Application Arrest and Detention Requirements

The bill specifies "arrested and detained in custody." Concurrently, both prerequisites must be satisfied. Provisions are not activated by mere apprehension without detention. The detention must be continuous for a period of 30 days. The countdown is terminated by any breach of custody. The application of these regulations is impeded by the release on parole. The 30 days must be consecutive. Periods that are not consecutive do not accumulate. Each new detention period initiates a new countdown.

Criteria for Criminal Offences

These provisions are activated exclusively by severe criminal offences. The offence must result in a minimum of five years of imprisonment. Removal procedures are not initiated by lesser penalties.
The violation must be "under any law that is currently in effect." All Indian laws, including special statutes, are applicable. Both central and provincial laws are considered.
The catalyst is the "allegation of committing an offence." Removal does not necessitate actual conviction. If additional criteria are satisfied, charges alone are sufficient.

Deadlines and Timeline

The advice is subject to an absolute deadline of 31 days. Delays or extensions are strictly prohibited. The counting commences on the 30th day of detention.
The automatic removal takes place "with effect from the day following." This corresponds to the 32nd day of detention. After this, no additional action is necessary.
Throughout the measure, the term "shall" is employed. As a result, compliance is mandatory, not optional. The process is devoid of discretionary powers.

Objects and Justifications Statement

Governmental Justification

The government's rationale is explicated in the preamble of the measure. The ambitions and aspirations of the populace are embodied by elected representatives. They are required to perform solely in the public interest.
The conduct and character of ministers should be immune to suspicion. This preserves public confidence in democratic institutions. This trust is undermined by criminal allegations.
Constitutional morality may be impeded by ministers who are currently facing severe charges. They have the potential to impede the principles of sound governance. This undermines the constitutional confidence that individuals have invested in it.

Recognised Legal Deficit

A constitutional void is identified in the statement. At present, there is no provision in place to remove ministers who are detained. This results in issues with governance and accountability.
The objective of the bill is to address this legal void. It offers a framework for addressing such circumstances. In order to achieve this objective, constitutional amendments becomes indispensable.

Application Area

Three levels of governance are the focus of the amendments. Union ministers, state ministers, and Delhi ministers are all subject to scrutiny. There is no government entity that is exempt.
These three areas are addressed by Articles 75, 164, and 239AA. The amendments establish consistent provisions at all levels. The objective is to ensure that the application is consistent.

Comprehensive Analysis of Provisions

Provisions at the Union Level

The amendment to Article 75 establishes legally mandatory obligations. The Prime Minister is unable to refrain from providing advice indefinitely. Decision-making is necessitated by the 31-day deadline.
Self-resignation is mandatory if the Prime Minister is in danger of being detained. The resignation of the prime minister cannot be compelled by an external authority. This results in a constitutional situation that is distinctive.
The President's function is predominantly ceremonial. He adheres to the Prime Minister's directives as is customary. Independent action occurs exclusively in automatic removal.
State Level Framework The amendment to Article 164 precisely replicates the provisions of the union. State administrations are subject to the same regulations and procedures. This method ensures federal consistency.

In a comparable manner, governors implement the Chief Minister's recommendations. The same timelines and automatic removal are applicable. The bill prohibits state-specific variations.
The dilemma that Prime Ministers encounter is also experienced by Chief Ministers. Detention necessitates self-resignation. Under no circumstances may a Governor compel such a resignation.

Delhi's Unique Situation

Delhi's distinctive constitutional status is preserved by Article 239AA. Final decisions are rendered by the President, not the Governor. The President receives the Chief Minister's advice directly.
This is indicative of Delhi's designation as a National Capital Territory. The Constitution does not recognise it as a complete state. This unique arrangement is preserved by the amendment.
No specific reference is made to the function of the Lieutenant Governor. The constitutional provisions that are currently in effect remain in effect. Delhi's fundamental framework remains unaltered by the amendment.

Implications for Procedure

Mechanism for Providing Advice

The measure necessitates formal advice from designated authorities. The President is advised by prime ministers regarding union ministers. State ministers are advised by their respective authorities by chief ministers.
The definition of "advice" is not entirely obvious. Written formal advice is recommended by constitutional convention. In the case of such severe matters, verbal advice may not be sufficient.
There is no provision for declining or reevaluating advice. The advice is considered legally binding once it has been provided. It is the responsibility of the recipient authority to take action.

Process of Automatic Removal

The eradication process is automatic and does not require any human intervention. No authority is required to issue orders after the deadline has passed. The removal is a direct result of the constitutional provision.
This establishes constitutional apparatus that is unparalleled. No other provision functions as automagically. Even impeachment necessitates deliberate human participation.
Political interference is prevented by the autonomous nature. Removal cannot be halted or postponed by any authority. The action is explicitly mandated by the Constitution.

Procedures for Scheduling Appointments

The standard procedures for rescheduling appointments following release are followed. There are no additional limitations or prerequisites. Future appointments are not prohibited by prior criminal convictions.
This implies that the measure does not establish a permanent disqualification. Temporary removal is exclusively implemented during detention. The eligibility for office is reinstated through the release.
The President/Governor's discretion is a standard feature of constitutional procedures. Despite their release, they have the right to decline a reappointment. Returning to the office is not guaranteed by the legislation.

Legal and Constitutional Issues

Compliance with the Amendment Procedure

The measure adheres to the amendment procedure outlined in Article 368. It necessitates a special majority in both Houses. State ratification is unnecessary for these articles.
The bill number for 2025 is 111. Lok Sabha is the initial venue for its introduction. Rajya Sabha approval will be required at a later date.

Potential Legal Obstacles

The bill may encounter constitutional challenges. The fundamental structure doctrine may be applicable. Its constitutionality could be scrutinised by the courts.
The automatic eradication feature is unparalleled. It eliminates human discretion from constitutional processes. This may be subject to judicial review.
Federal balance enquiries may arise. State ministers may be selectively targeted by central agencies. This has the potential to disrupt the constitutional equilibrium.

Challenges in Implementation

Clarity is required in the definition of "serious offences." Punishment conditions are prescribed by various laws. Uniform interpretation will be required.
It is necessary to monitor the continuous detention requirements. It is crucial to ascertain the individual responsible for continuity. The records of the prison authorities will be of paramount importance.
Practical complications arise as a result of the 31-day timeline. Time is required for legal advice, consultation, and decision-making. Decisions may be made in a hurry.

Exemptions and Coverage

Who is eligible for coverage?

Cabinet and State Ministers, as well as all Union Ministers. There is also coverage for Deputy Chief Ministers in states. No exemption is granted solely on the basis of ministerial office.
Provisions apply to the chief ministers of all states. The Chief Minister of Delhi is subjected to the same treatment. Special immunity is not granted to any jurisdiction.
The Prime Minister is subject to the most stringent regulations. The prime minister is required to submit his or her resignation. In the absence of an external authority, the prime minister is not obligated to resign.

Who is exempt?

Other constitutional authorities are not addressed by the bill. Governors, the Vice President, and the President are exempt. These limitations are exclusive to ministers.
Legislators who are not ministers are not subject to media scrutiny. MPs and MLAs maintain their mandates. Executive positions are the only ones that are subject to removal.
Judges and other constitutional officeholders are not included. The extant constitutional procedures are followed in the termination of these individuals. Those procedures are not altered by this legislation.

Offence Categories

Only offences that are punishable by imprisonment for a minimum of five years are eligible. Removal is not triggered by fines alone. Prison sentences that are considerably shorter are inadequate.
IPC and special law offences are both considered. Special statutes apply to economic offences. Cases that satisfy the Prevention of Corruption Act would qualify.
Serious fraud cases, terrorism, and sedition are applicable. Murder, dacoity, and other severe offences are eligible. Minor offences and traffic violations are not.

Conclusion

New removal mechanisms are established by the Constitution (130th Amendment) Bill, 2025. Ministers who are facing severe criminal accusations are automatically terminated. The measure is equally applicable to the union, state, and Delhi administrations.
The procedure is initiated by thirty consecutive days of detention. Advice must be provided within 31 days. Such advice is not required; automatic removal occurs.
A constitutional void is addressed by the bill. There was no prior provision for such circumstances. Governance issues were precipitated by criminal accusations against ministers.
Careful oversight will be necessary during implementation. The bill's veracity may be put to the proof by legal challenges. Its constitutional fate will ultimately be determined by the courts.
 

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