Union Home Minister Amit Shah tabled the Constitution (130th Amendment) Bill, 2025 in Lok Sabha on 20th August 2025
The Constitution (130th Amendment) Bill, 2025, was presented in the Lok Sabha on Wednesday by Union Home Minister Amit Shah. The introduction of the Bill sparked strong protests and vocal outrage from members of the Opposition, who termed it as undemocratic due to this, it was sent to joint Committee.
What is the 130th Constitution Amendment Bill?
According to the 130th Constitutional Amendment Bill 2025, Central or State minister (including a Prime minister and Chief minister) who has been detained for 30 days for a serious offence punishable with 5 years or more imprisonment will lose his post.
This bill will amend article 75 of the constitution which primarily deals with the appointment, tenure and responsibility of the council of ministers (including PM).
Procedure for removal
1. Ministers
- After being detained for 30 consecutive days for an offence punishable with 5 years or more punishment.
- PM/CM will have to tendered their removal on 31st day to president/ Governor/ Lieutenant Governor
- If not tendered, then the ministers will cease to be ministers
- Upon release from Custody, nothing prevents them from being reappointed.
2. Prime Minister/ Chief Minister
- PM/CM will have to resign by 31st day.
- If they do not resign, then they will cease to be a PM/CM
- Upon release from Custody, nothing prevents them from being reappointed.
Current Removal Procedure of the PM, CM and Ministers
- Tenure of Office- Ministers hold office at the pleasure of the President (Union) / Governor (State). Effectively, this pleasure is exercised on the advice of the Prime Minister / Chief Minister.
- Loss of Confidence- If the Prime Minister or Chief Minister loses the confidence of the Lok Sabha/State Legislative Assembly, they must resign. Consequently, the Council of Ministers also falls automatically when the PM/CM resigns or is removed.
- Disqualification- There is no automatic disqualification upon arrest or detention. Disqualification arises only upon conviction under the Representation of the People Act, 1951. If convicted and sentenced to imprisonment of 2 years or more, the member is disqualified.
Opposition’s Outrage Against the Bill
- “Gestapo-style” Police State
Opposition MPs accused the government of pushing India towards a Gestapo-style police state with the introduction of the Bill.
- Disruption of the Basic Structure of the Constitution
MPs argued that it disrupts the basic structure of the Constitution, as it:
- Undermines the principle of separation of powers,
- Weakens the guarantee of due process, and
- Erodes the right of the people to elect their government.
Status of the Bill
Amid chaotic scenes in the Lok Sabha, the Constitution (130th Amendment) Bill, 2025, was sent to a Joint Committee.