Mentor’s Comment
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 has sparked intense debate in Parliament and across the country. While it appears to be a strong step toward cleaner politics, it also raises deep constitutional and democratic concerns. For UPSC aspirants, this issue is important not only for its immediate political relevance but also for its intersection with constitutional morality, criminalisation of politics, separation of powers, and due process. This article breaks down the Bill, its context, judicial linkages, and its broader implications for democracy.
Introduction
India has long grappled with the paradox of demanding clean politics while being governed by leaders facing serious criminal charges. The Constitution (130th Amendment) Bill, 2025, introduced in the Lok Sabha on August 20, seeks automatic resignation or removal of Ministers, Chief Ministers and even the Prime Minister if they remain in custody for over 30 days in offences punishable with five years or more. While aimed at restoring public trust, the Bill risks undermining due process and democratic safeguards.
Why is this Bill in the news?
The Bill marks the first time Parliament has proposed automatic removal of top executive leaders on mere detention without conviction. This is in sharp contrast with the current legal position under the Representation of the People Act, where disqualification begins only upon conviction. The stakes are high: India already faces a staggering rise in criminalisation of politics, with 46% of MPs in 2024 declaring criminal cases, up from 30% in 2009. Against this backdrop, the Bill seeks to restore public trust but also risks political misuse, raising concerns of democratic erosion.
Judicial foundations and constitutional morality
- Articles 75, 164, 239AA: Provide for ministerial tenure “at the pleasure” of President/Governor, limited by constitutional morality.
- S.R. Bommai case: Stressed that integrity and accountability are core to constitutional morality.
- Manoj Narula case: Warned against entrusting power to those with serious criminal charges.
- Lily Thomas case: Held that disqualification of legislators must occur upon conviction, striking down earlier appeal window.
- Tension: While courts upheld high ethical standards, they stopped short of mandating automatic removal before conviction, the Bill goes further, creating friction with Article 21 (right to life and liberty).
Risk of Bill being misused as a political weapon
- Executive discretion: PM/CM advice governs removal; if withheld, automatic removal applies after 30 days. This dual mechanism may be exploited politically.
- Selective shield or target: PM may protect allies temporarily, while hostile leaders may allow rivals to fall under automatic removal.
- Politicisation of accountability: Instead of insulating governance, it may embed accountability in partisan strategies.
Inconsistency in the treatment of legislators and Ministers
- RPA framework: Legislators disqualified only on conviction.
- Ministerial paradox: A Minister under arrest is removed after 30 days, but a legislator convicted of corruption may still technically hold ministerial office until disqualification proceedings.
- Asymmetry: Creates harsher standards for Ministers than legislators, risking deterrence for capable leaders.
Political instability and the “revolving door”
- Reappointment clause: Once released, Ministers can be reinstated.
- Cycle of instability: Arrest → resignation → release → reinstatement may lead to political uncertainty without improving accountability.
- Tactical misuse: Legal proceedings could be manipulated to weaken opponents through timed arrests.
Why do critics demand a more nuanced model?
- Criminalisation of politics: Rising trend demands reform, 251 MPs (46%) with criminal cases in 2024.
- Judicial milestone approach: Removal linked to framing of charges by a competent court rather than arrest alone ensures judicial scrutiny.
- Independent review: Tribunal/judicial panel could prevent executive misuse.
- Interim suspension: Instead of removal, suspension of ministerial functions during trial could balance governance and accountability.
- Scope refinement: Apply only to corruption and moral turpitude offences, not all crimes with five years’ punishment (which may include minor offences).
Conclusion
The 130th Amendment Bill embodies India’s long-standing demand for clean politics. However, its blunt approach risks weakening constitutional safeguards like presumption of innocence, creating political instability, and enabling misuse of arrest as a weapon. The Joint Parliamentary Committee must recalibrate the Bill with judicially tested safeguards, narrowing its scope to serious offences and ensuring impartial mechanisms for enforcement. Only then can India achieve the delicate balance where power is exercised with integrity without sacrificing fairness.
UPSC Relevance:
[UPSC]: “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act.” Comment.
Linkage: “The 130th Amendment Bill echoes the long-standing concern flagged in the 2020 PYQ on RPA disqualification: India needs clearer and fairer procedures to ensure accountability in politics. While the PYQ emphasised simplification post-conviction, the Bill risks moving the trigger point too early (mere custody), thereby complicating rather than simplifying the disqualification process.”
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