130th Constitutional Amendment Bill: A Step Forward or Backward?

The Central Government recently introduced the 130th Constitutional Amendment Bill in Parliament, which sparked a storm of protest from opposition members.

- Vallimireddy Abhinav Deep Dora & Akhila Penugondla

Several MPs tore copies of the Bill inside the House, denouncing it as a draconian and undemocratic move. The move comes in the wake of the controversy over the 2023 arrest of V. Senthil Balaji, a minister in Tamil Nadu's DMK government, which had sparked a heated debate on whether leaders in custody should continue to hold office. The bill was sent to the joint parliamentary committee (JPC) for further scrutiny.

Features of the Bill

The Constitution (130th Amendment) Bill seeks to amend three key provisions of the Constitution—Articles 75, 164 and 239AA. Article 75 governs the appointment and responsibilities of the Council of Ministers at the Union level, including the Prime Minister. Article 164 lays down similar provisions for the Council of Ministers in the states. Article 239AA contains the special provisions relating to the governance of the National Capital Territory of Delhi.

Under the proposed amendment, if a Minister—including the Prime Minister, a Chief Minister, or any other Minister—is arrested and remains in detention for 30 consecutive days on charges carrying a punishment of five years or more, will have the following consequences: At the Union level: The President, acting on the advice of the Prime Minister or directly in the case of the Prime Minister himself, shall remove the concerned Union Minister/Prime Minister. At the State level: The Governor, acting on the advice of the Chief Minister, shall remove State Ministers. In the case of a Chief Minister: The Governor shall directly remove the Chief Minister of the State. If no advice is tendered to the President or governor, the minister automatically ceases to hold the office.

However, the Bill also provides that such a Minister, including the Prime Minister or Chief Minister, may be reinstated to office upon release from custody.