Constitution (130th Amendment) Bill, 2025
Source: Indian Express
GS II: Governance
Overview
- News in Brief
- Constitution (130th Amendment) Bill, 2025
- What are the challenges?
Why in the News?
Constitution (130th Amendment) Bill, 2025 was introduced in the Lok Sabha.
News in Brief
- Subsequently referred to a Joint Parliamentary Committee (JPC) following intense opposition protests.
- Bill seeks to amend Articles 75, 164, and 239AA.
- Dealing with the Union Council of Ministers, State Councils of Ministers, and special provisions for Delhi.
Constitution (130th Amendment) Bill, 2025
- Bill introduces a mechanism to remove ministers who are in jail for serious offences.
- Details
- If a minister is arrested and held in custody for 30 consecutive days for an offence punishable with five years or more imprisonment, they will lose their position.
- The President, acting on the advice of the Chief Minister, must remove the minister by the 31st day of custody.
- If no advice is given, the minister automatically ceases to hold office.
- However, the Bill allows reappointment once the minister is released from custody.
- It is expected that ministers accused of serious criminal offences may compromise constitutional morality, good governance, and public trust.
What are the challenges?
- Opposition argues the provision could be weaponised by the Union government through investigative agencies like the CBI and ED.
- The Bill may face scrutiny under the Basic Structure Doctrine, especially regarding the independence of the executive and separation of powers.
- The Bill allows removal based on detention, not conviction, which contradicts the principle of innocent until proven guilty.
What is a Joint Committee?
- Joint Parliamentary Committee (JPC) is set up by Parliament for a special purpose, such as for the detailed scrutiny of a subject or Bill.
- It has members from both Houses, and is dissolved after its term ends or its task has been completed.
- The mandate of a JPC depends on the motion constituting it.
- Its recommendations have a persuasive value, but they are not binding on the government.
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