In a significant political development, the Indian National Congress (INC) has announced its firm opposition to the proposed 130th Constitution Amendment Bill, which seeks the automatic removal of the Prime Minister, Chief Ministers, and other ministers from office if they are arrested and detained for 30 consecutive days on serious criminal charges. The Congress party has termed the bill as a "political vendetta," arguing that it could be misused to target political opponents and undermine the democratic process.
The bill, introduced by Union Home Minister Amit Shah in August 2025, aims to ensure that individuals holding high public offices do not continue in their positions while facing serious criminal charges. According to the proposed legislation, if a Prime Minister, Chief Minister, or any Union or State Minister is accused of an offence punishable with imprisonment of five years or more and remains in custody for 30 consecutive days, they would automatically cease to hold office on the 31st day. In the case of the Prime Minister and Union Ministers, the President would formalize the removal, while Governors would do so for Chief Ministers and State Ministers.
The Congress party's opposition is rooted in concerns that the bill could be weaponized for political purposes. Senior Congress leader Ashok Gehlot has criticized the proposed legislation, describing it as a "direct threat" to democracy and federalism. Gehlot emphasized that such a law reflects an undemocratic and authoritarian mindset, threatening the very foundation of Indian democracy and federalism. He called for all political parties, regardless of ideology, to unite in opposing the bill to safeguard democratic values and prevent the misuse of institutions for political vendetta.
The Joint Parliamentary Committee (JPC) reviewing the bill is expected to finalize its report on July 17, maintaining the provision that mandates the removal of ministers if they remain in judicial custody for 30 consecutive days for serious offences. Sources indicate that the committee is unlikely to recommend dropping the contentious clause despite concerns raised by several stakeholders during deliberations. However, the report is expected to include safeguards aimed at preventing the provision from being misused for political vendetta or motivated prosecutions.
The proposed amendment has sparked intense political debate. Proponents argue that it would enhance accountability in public office by ensuring that individuals facing serious criminal charges do not continue to hold executive positions. They contend that the bill is a necessary step to uphold the integrity of governance and public trust in elected officials.
Opponents, including the Congress party, caution that the bill could be exploited to destabilize elected governments through politically motivated investigations and arrests. They argue that the provision could be used to remove political opponents from office without a conviction, undermining the principle of presumption of innocence until proven guilty.
The JPC's ongoing consultations highlight Parliament's commitment to informed deliberation and participative engagement on crucial matters affecting India's democratic and federal framework. The final decision on the bill will rest with Parliament, where it will be debated and voted upon in the upcoming Monsoon Session, expected to begin on July 20.
As the political landscape continues to evolve, the proposed 130th Constitution Amendment Bill remains a focal point of contention, reflecting the delicate balance between ensuring accountability in public office and protecting democratic principles from potential misuse.