BREAKING| Amit Shah Tables 130th Constitution Amendment Bill: Ministers, PM to Lose Office if Jailed for 30 Days

The Bill introduces a new constitutional mechanism under which the Prime Minister, Union Ministers, Chief Ministers and ministers of states or Union Territories will automatically lose office if they are held in custody for 30 consecutive days in connection with an offence punishable by at least five years of imprisonment.

When at 2 PM, Shah sought permission to introduce the Bill, AIMIM chief Asaduddin Owaisi opposed the move, arguing that it empowers executive agencies to act on mere suspicion, leading to ministers or chief ministers losing office without due process. He warned that such a measure weakens parliamentary democracy and leaves elected representatives vulnerable to executive overreach, questioning whether the Home Minister has even read Article 74(1). Owaisi said the government is determined to turn India into a police state. He alleged the move is aimed at dismantling democracy. Owaisi pointed out that despite the Home Minister’s assurance on Section 152 of the Bharatiya Nyaya Sanhita, meant to replace the sedition law, it has already been invoked against a senior journalist in Assam. Citing this, he declared his opposition.

Congress MP Manish Tewari criticised the Bill as an assault on the Basic Structure of the Constitution, arguing that it undermines the Rule of Law, which rests on the principle of ‘innocent until proven guilty.’ He said the Bill effectively places an investigating officer above even the Prime Minister, violates due process, and overturns the core protections of Article 21. Stressing that even the framing of charges does not establish guilt, Tewari warned that the legislation distorts parliamentary democracy, erodes the will of the people, invites political misuse, and strips away constitutional safeguards.

N. K. Premachandran of the Revolutionary Socialist Party also objected to the Bill, saying it was not circulated among members in advance and that proper procedure was not followed. He pointed out that MPs received a copy only after 1 a.m. the previous night and questioned the “undue haste and urgency.” Alleging that the Bill lacked bona fides, he accused the government of acting with mala fide intent to destabilise opposition-ruled states. In response, Home Minister Amit Shah said he would be referring the Bill to a Joint Committee for scrutiny.

Congress leader KC Venugopal questioned the government’s claim of bringing morality into politics, pointing out that Home Minister Amit Shah himself had been arrested when he was a minister in Gujarat. His remarks triggered a huge uproar in the House. Responding, Shah clarified that the allegations against him were false, and that he had resigned at the time, refraining from holding any constitutional post until he was cleared.

KC Venugopal further alleged that the Bill is aimed at targeting Opposition-led governments and intimidating leaders such as Chandrababu Naidu and Nitish Kumar.

Dharmendra Yadav from the Samajwadi Party said that his party also strongly opposed the Bill. Amid the protests from the Opposition, Speaker adjourned the House. 

When at 3 PM, the House was again in Session, Speaker Om Birla criticised the Opposition for repeatedly disrupting proceedings, remarking that even as a Bill intended to reinforce morality in politics was being introduced, they were obstructing the House. “The entire country is watching you,” he told Opposition MPs. However, he went on to take a vote of the MPs and the motion to introduce the Bill was passed. 

According to the Bill, at the central level, the President will be bound to remove a minister on the Prime Minister’s advice by the 31st day of detention. If such advice is not received, the minister will automatically cease to hold office from the following day. For state and Union Territory ministers, the same process will apply through their respective constitutional heads.

The provision also extends to the Prime Minister. In such a case, the Prime Minister must resign by the 31st day of detention, failing which their office will automatically fall vacant from the 32nd day.

While stringent in its immediate effect, the Bill includes a reappointment clause, allowing a minister or Prime Minister who has lost office under these provisions to return once they are released from custody.

The government has pitched the amendment as a measure to uphold constitutional morality, good governance and public trust, pointing out that at present, there is no explicit constitutional rule that disqualifies a Prime Minister or minister from continuing in office during prolonged detention.

Alongside this amendment, Shah also introduced the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025. All three are expected to be referred to a Joint Parliamentary Committee (JPC) comprising 31 members, 21 from the Lok Sabha and 10 from the Rajya Sabha, for detailed scrutiny, with the committee mandated to report in the next Parliament session.