The 130th Constitution (Amendment) Bill, 2025

Source: LM

Context: The 130th Constitution (Amendment) Bill, 2025 has been introduced in the Lok Sabha and referred to a Joint Parliamentary Committee (JPC).

About The 130th Constitution (Amendment) Bill, 2025:

What it is?

• A Bill seeking to amend Article 75 (Union Ministers), Article 164 (State Ministers), and Article 239AA (NCT of Delhi).

• Also proposes amendments in the Government of Union Territories Act, 1963 and the Jammu & Kashmir Reorganisation Act, 2019.

Objective:

• To ensure that Ministers holding high constitutional offices remain beyond suspicion.

• To protect constitutional morality, good governance, and public trust.

• To prevent misuse of office by Ministers under custody for serious criminal charges.

Key Features of the Bill:

• Automatic Removal: If a Minister (including PM/CM) is arrested and detained for 30 consecutive days for an offence punishable with 5 years or more, they must vacate office.

• If a Minister (including PM/CM) is arrested and detained for 30 consecutive days for an offence punishable with 5 years or more, they must vacate office.

• Role of President/Governor/LG: Removal shall be effected by the President (at Centre), Governor (in States), or Lieutenant Governor (in UTs), based on procedure.

• Removal shall be effected by the President (at Centre), Governor (in States), or Lieutenant Governor (in UTs), based on procedure.

• Prime Minister’s Advice Clause: The PM must advise the President to remove such a Minister by the 31st day. If not, the Minister automatically ceases to hold office from the following day.

• The PM must advise the President to remove such a Minister by the 31st day.

• If not, the Minister automatically ceases to hold office from the following day.

• Reappointment Clause: The provision does not bar reappointment of the Minister after release from custody.

• The provision does not bar reappointment of the Minister after release from custody.

• Extension to States & UTs: Similar provisions proposed for State Cabinets and Union Territories through amendments in corresponding laws.

• Similar provisions proposed for State Cabinets and Union Territories through amendments in corresponding laws.

• Justification in Objects & Reasons: Ministers facing serious charges may thwart constitutional morality and erode public faith in governance. Aim is to keep executive positions free from “any ray of suspicion”.

• Ministers facing serious charges may thwart constitutional morality and erode public faith in governance.

• Aim is to keep executive positions free from “any ray of suspicion”.