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:

1. 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.
2. 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.
3. 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.
4. Reappointment Clause:
   • The provision does not bar reappointment of the Minister after release from custody.
5. Extension to States & UTs:
   • Similar provisions proposed for State Cabinets and Union Territories through amendments in corresponding laws.
6. 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”.