Constitution (130th Amendment) Bill, 2025

IAS Current Affairs

7 months ago

Source: Indian Express
GS II: Governance

Overview

Why in the News?

Constitution (130th Amendment) Bill, 2025 was introduced in the Lok Sabha.

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.

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.

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.

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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