Union Govt Introduces 130th Constitutional Amendment Bill 2025 and Related Reforms: New Legal Framework for Removal of Ministers Facing Criminal Charges

In order to establish a strong legal foundation for dismissing ministers who are charged with serious crimes, the Union Government has introduced the 130th Constitutional Amendment Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025. These historic changes are intended to improve India’s electoral integrity, political accountability, and constitutional governance. The government aims to strengthen the foundations of good governance and the rule of law by filling in the legal loopholes and promoting clean politics, democratic transparency, and moral leadership.

Among these bills are:

Jammu and Kashmir Reorganization (Amendment) Bill, 2025; Constitution (One Hundred and Thirty Amendment) Bill, 2025; and Government of Union Territories (Amendment) Bill, 2025.

Key Elements of the Bills

Goal: To establish a legislative framework for the removal of ministers in order to preserve morality, good governance, and the public’s trust in the constitution.

• Articles 75 (provisions pertaining to the Union Council of Ministers), 164 (articles pertaining to the State Council of Ministers), and 239AA (Special provisions for the NCT of Delhi) are among the provisions that the 130th Amendment Bill seeks to alter.
• Arrest and detention in jail for 30 days in a row on suspicion of violating any law that carries a maximum sentence of five years in prison.
• Within 31 days of the person being placed under arrest, the removal or resignation procedure must begin.
• There are no recommendations needed for PM/CM. On the 31st day following their imprisonment or incarceration, they have the option to resign or be automatically dismissed.
• The person will no longer be a Minister, Prime Minister, or Chief Minister with effect from the day that follows if the necessary action (removal advice or self-resignation) is not performed by the 31st day.
• Following their release from detention, the President, Governor, or Lieutenant Governor may appoint the PM, CM, or Minister again.

Current clauses pertaining to ministerial removal

After being found guilty of certain crimes and receiving a minimum two-year jail sentence, legislators are not eligible to run for office or remain in office.

• It is suggested that filing a charge for a crime with a maximum sentence of five years in prison be added to the list of grounds for disqualification.

Mains: 

Question: The 170th Law Commission Report recommended disqualification at the stage of framing of charges for serious offences. How far do the 2025 amendment bills align with or diverge from this recommendation? Discuss with reference to constitutional principles and practical challenges.

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MCQs:

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Question: With reference to the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, consider the following statements:

1. It seeks to amend Articles 75, 164, and 239AA of the Constitution.
2. It provides for automatic cessation of office of a Prime Minister or Chief Minister on the 30th day of their detention in custody.
3. Reappointment of a Prime Minister or Chief Minister after release from custody is prohibited under its provisions.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer: (a)

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