The 130th Amendment Bill to the Constitution, 2025

What it involves?

A legislation aimed at modifying Article 75 (Union Ministers), Article 164 (State Ministers), and Article 239AA (NCT of Delhi).

Additionally suggests changes to the Government of Union Territories Act, 1963 and the Jammu & Kashmir Reorganisation Act, 2019.

Goal:

To guarantee that Ministers in significant constitutional positions are free from any doubt.

To safeguard constitutional integrity, effective governance, and public confidence.

To avoid the abuse of power by Ministers held in custody for major criminal allegations.

Main Aspects of the Legislation:

Automatic Elimination:

If a Minister (including PM/CM) is imprisoned and held for 30 straight days for a crime that carries a penalty of 5 years or more, they are required to leave their position.

Function of President/Governor/LG:

Removal will be carried out by the President (at the Centre), Governor (in States), or Lieutenant Governor (in UTs), following the established procedure.

Prime Minister’s Recommendation Clause:

The Prime Minister is required to recommend to the President the dismissal of that Minister by the 31st day.

Otherwise, the Minister will automatically lose their position starting the next day.

Reappointment Provision:

The clause does not prevent the Minister from being reappointed after being released from custody.

Additions to States and UTs:

Comparable measures suggested for State Cabinets and Union Territories via revisions in relevant legislation.

Justification in Items & Explanations:

Ministers confronted with significant allegations could undermine constitutional integrity and diminish public trust in governance.

Objective is to ensure executive roles are devoid of "any hint of doubt."