Union Home Minister Amit Shah is set to introduce the Constitution (130th Amendment) Bill, 2025 in the Lok Sabha on Wednesday, proposing the removal of Central or State ministers detained for at least 30 days on allegations of corruption or other serious offences.
The legislation seeks to amend Article 75 of the Constitution, which governs the appointment and functioning of the Council of Ministers.
According to the draft, “A Minister, who for any period of 30 consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office by the President on the advice of the Prime Minister to be tendered by the 31st day after being taken in such custody.”
The move comes in the wake of the controversy surrounding the 2023 arrest of Tamil Nadu minister V Senthil Balaji, who was dismissed by Governor R N Ravi after being taken into custody in a money laundering case. He was later reinstated by Chief Minister M K Stalin following bail from the Supreme Court, but eventually removed in a cabinet reshuffle after the court expressed concerns.
The statement of objects and reasons attached to the Bill stresses that a minister facing serious criminal charges and being in custody could “thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.”
It further states that ministers must act “only in the public interest and for the welfare of the people” and that their “character and conduct… should be beyond any ray of suspicion.”
While Article 164 (1) vests ministerial appointments in the Governor on the advice of the Chief Minister, judicial rulings have clarified that such powers are subject to the “aid and advice” of the Council of Ministers.
Reacting to the proposed legislation, Congress MP Abhishek Singhvi wrote on X: “New proposed law removes incumbent CM, etc, immediately on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo(sition) CMs, and despite being unable to defeat them electorally, remove them by arbitrary arrests. And no ruling party incumbent CM ever touched.”
Alongside this Bill, Shah has also informed the Lok Sabha Secretariat that the government will move amendments to the Union Territory Administration Bill in the ongoing Monsoon session.
The revised list of business for Wednesday includes four legislations: the Constitution (130th Amendment) Bill, 2025; The Government of Union Territories (Amendment) Bill, 2025; The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025; and the Promotion and Regulation of Online Gaming Bill, 2025.
Except for the online gaming legislation, most are likely to be referred to a Joint Committee of Parliament for further examination.
Since Union Territories (UTs) have a distinct legal and administrative framework compared to states, separate amendments are being introduced to ensure that UT laws remain consistent with constitutional changes.
In a letter to the Lok Sabha Secretary, Shah also requested relaxation of procedural rules to allow the introduction of the Bills without prior notice, citing the limited time available before the Monsoon session concludes on August 21. Under Rules 19A and 19B of Lok Sabha procedure, prior notice and circulation of Bills to members is mandatory, but the government is seeking an exemption to fast-track the process.