Constitution (130th Amendment) Bill, 2025 UPSC Notes
Constitution (130th Amendment) Bill, 2025 : UPSC Notes
Background & Legislative Overview
- Introduced in Lok Sabha on 20 August 2025 during the Monsoon Session.
- Immediately referred to a Joint Parliamentary Committee (JPC) for detailed scrutiny.
- Seeks to amend Articles 75, 164, and 239AA to enforce accountability of ministers.
Key Provisions
- A minister (Prime Minister, Chief Minister, Union or State Minister) arrested and detained for 30 consecutive days on charges punishable with 5 years or more will be removed from office.
- Union Ministers (Article 75): Removed by President on advice of PM; automatic cessation if resignation not given by day 31.
- State Ministers (Article 164): Removed by Governor on CM’s advice; automatic cessation rule applies.
- Delhi Ministers (Article 239AA): Same mechanism for NCT of Delhi.
- Provision for reappointment after release from custody.
Rationale & Support
- Prevents the situation of governance from jail.
- Brings politicians at par with civil servants, who are suspended immediately upon arrest.
- Viewed as a measure to ensure clean governance and reduce criminalization in politics.
Opposition & Criticisms
- Violates presumption of innocence: Goes against the principle of “innocent until proven guilty.”
- Executive Overreach: Undermines judicial and parliamentary checks and balances.
- Threat of Misuse: Could be misused by central/state agencies like ED or CBI to disqualify political opponents.
- Federal Concerns: Criticized as an attack on federalism and states’ autonomy.
- Termed as a form of “super-Emergency” by some opposition leaders.
Parliamentary Procedure & Status
- Referred to a Joint Parliamentary Committee (JPC) with 31 members.
- JPC will study the Bill and submit a report before the next session.
- Recommendations are advisory, not binding on the government.
Summary Table
| Aspect | Details |
|---|---|
| What | Amendment to remove ministers after 30-day detention for serious offenses |
| Why | Accountability, prevent jailed governance, align with civil service norms |
| Mechanism | Amendments to Articles 75, 164, 239AA; removal via President/Governor |
| Support | Seen as an anti-corruption reform |
| Criticisms | Violates presumption of innocence, risk of misuse, weakens federalism |
| Current Stage | Sent to JPC for examination |
MCQs
1. The Constitution (130th Amendment) Bill, 2025 proposes amendment to which of the following Articles?
a) Article 75 and Article 368
b) Article 75, Article 164, and Article 239AA
c) Article 110 and Article 166
d) Article 352 and Article 356
2. One of the major criticisms against the 130th Amendment Bill, 2025 is that it:
a) Strengthens judicial oversight over ministers
b) Violates the principle of presumption of innocence
c) Encourages favoritism in civil service appointments
d) Undermines states’ powers to appoint their ministers
Mains Question
Critically examine the objectives, constitutional implications, and democratic concerns surrounding the Constitution (130th Amendment) Bill, 2025. Do you think this Bill strikes a balance between accountability and fundamental rights? Discuss with examples.
