Union Home Minister Amit Shah introduced a landmark Constitution Amendment Bill in the Lok Sabha, mandating automatic removal of jailed PM, CM, and Ministers detained beyond 30 days. The bill aims to uphold accountability, ethics, and constitutional morality in governance, sparking nationwide debate and political resistance.
In a historic legislative move, Union Home Minister Amit Shah introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, in the Lok Sabha on Wednesday. The bill seeks to establish a constitutional mechanism for the automatic removal of the Prime Minister, Chief Ministers, and Union Ministers if they are arrested and held in custody for 30 consecutive days on serious criminal charges.
The bill, seen as a major step towards ensuring accountability and integrity in public life, was tabled alongside two other key legislations—the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025. Following heated discussions and resistance from Opposition parties, all three bills were referred to a Joint Parliamentary Committee (JPC) after a voice vote.
Provisions of the Constitution Amendment Bill
The Constitution Amendment Bill proposes significant changes to Articles 75, 164, and 239AA. The amendment introduces a legal framework under which any minister facing imprisonment for offences punishable by five years or more would be mandatorily removed from office if detained beyond 30 days.
According to the proposed law:
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Prime Minister: The President will remove the Prime Minister if the latter fails to resign after 30 days in custody.
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Chief Ministers: Governors will exercise the same authority in relation to state Chief Ministers.
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Chief Ministers of Union Territories: The Lieutenant-Governor will be empowered to remove them under identical circumstances.
The bill also clarifies that if no resignation or advice for removal is tendered by the 31st day of custody, the office concerned will automatically fall vacant on the 32nd day. However, ministers may be reappointed once they are released, ensuring fairness while maintaining constitutional morality.
Shah’s Call for Integrity in Public Life
In his statement distributed to Lok Sabha members, Amit Shah highlighted the moral and constitutional underpinnings of the amendment. He stated that public representatives must embody the highest standards of ethics and transparency, as they are custodians of public trust.
“Elected representatives must conduct themselves above suspicion. Political interests must be set aside in favour of public welfare,” Shah asserted, emphasizing that the proposed law is not aimed at political gain but at strengthening democracy.
Opposition Protests and Speaker’s Intervention
The introduction of the bills, however, was met with stiff resistance from Opposition MPs, who were demanding an immediate discussion on the Special Intensive Revision of voter rolls in Bihar. Shouting slogans and disrupting proceedings, Opposition members stormed into the well of the House, ignoring repeated appeals from Speaker Om Birla.
“This is not appropriate behaviour. The entire country is watching. You are parliamentarians,” Birla reminded them, stressing that the ethical intent of the legislation deserved respectful debate. Despite his intervention, the protests persisted, prompting the Speaker to adjourn the House till 5 p.m.
National Debate on Accountability and Governance
The bills, particularly the Constitution Amendment Bill, have sparked nationwide debate about the role of accountability and ethics in governance. While supporters hail it as a long-overdue reform that will deter corruption and misuse of political office, critics warn of potential misuse in politically motivated cases.
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Legal experts point out that the automatic removal clause could create both deterrence and controversy, especially in cases where arrests are challenged in courts. Yet, the bill ensures the right to reappointment upon release, which balances individual rights with public accountability.
Looking Ahead
With the bills now under the scrutiny of a Joint Parliamentary Committee, a detailed examination and potential refinements are expected before they return for final passage. Regardless of the outcome, the introduction of this amendment marks a watershed moment in India’s democratic framework, reinforcing the principle that public office is a sacred trust, not a shield against accountability.
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As the nation watches closely, the debate around these bills is set to shape not just the immediate political discourse but also the long-term trajectory of governance and constitutional morality in India.
