THE 130TH CONSTITUTIONAL AMENDMENT BILL, 2025: STRENGTHENING ACCOUNTABILITY IN INDIAN GOVERNANCE

Introduction

Can a Prime Minister or Chief Minister effectively govern from behind bars while facing serious criminal charges? This question has long exposed a gap in India’s constitutional framework, where no clear provision prevents detained leaders from retaining high office. The 130thConstitutional Amendment Bill, 2025, introduced in Parliament, seeks to close this loophole, ensuring that public trust and constitutional integrity remain paramount in India’s democratic system.

Objectives of the Bill

The 130thConstitutional Amendment Bill proposes targeted amendments to Articles 75, 164, and 239AA of the Indian Constitution. Its central aim is to ensure that ministers or chief executives detained for serious criminal charges cannot cling to power indefinitely. Specifically, the Bill mandates that any minister or chief executive in custody for 30 consecutive days for an offence punishable by at least five years of imprisonment must vacate their office. This provision applies across different levels of government with tailored mechanisms:

Union Level (Article 75): A union minister detained for 30 days will be removed from office on the 31st day by the President, acting on the Prime Minister’s advice. If the Prime Minister is detained, they must resign, or their office is automatically vacated.

State Level (Article 164): A detained state minister is removed by the Governor based on the Chief Minister’s recommendation. A Chief Minister in custody for 30 days must resign or face automatic removal

National Capital Territory of Delhi (Article 239AA): The framework mirrors the state-level process, with the President assuming the Governor’s role in overseeing removals.

A key feature of the Bill is its flexibility: leaders released from custody are eligible for reappointment, ensuring that temporary detention does not permanently exclude capable individuals from public service.

Why This Amendment Matters

The criminalisation of politics has been a persistent challenge in India. While the Representation of the People Act, 1951, disqualifies convicted lawmakers, it does not address those under trial or in custody, allowing ministers facing serious allegations to retain power. This gap has occasionally led to public disillusionment, as leaders accused of grave offences continued to wield authority from jail.

Judicial interventions have highlighted the urgency of reform. In Manoj Narula v. Union of India (2014), the Supreme Court emphasised that ministers must embody constitutional morality, urging Parliament to address ethical lapses in governance. Similarly, Public Interest Foundation v. Union of India (2018) called for stronger measures to curb the misuse of public office. The 130th Amendment is a legislative response to these judicial prompts, aiming to align political practice with democratic ideals.

Benefits of the Bill

The 130thConstitutional Amendment Bill offers several advantages:

Enhanced Public Trust:By ensuring that ministers facing serious charges cannot govern from custody, the Bill reinforces public confidence in the integrity of elected officials.

Prevention of Misuse of Power: It curtails the ability of detained leaders to leverage their positions to influence ongoing investigations or judicial processes.

Moral Benchmark for Governance: The Bill establishes a higher ethical standard for public office, signalling that leadership demands accountability and transparency.

Balanced Approach: Allowing reappointment post-release ensures that the Bill does not unduly penalise those wrongfully detained, preserving their political rights.

Potential Concerns and Safeguards

Despite its merits, the Bill raises valid concerns that warrant careful consideration:
Enhanced Public Trust:By ensuring that ministers facing serious charges cannot govern from custody, the Bill reinforces public confidence in the integrity of elected officials.

Risk of Unfair Application: Detention does not equate to guilt, and prolonged custody could unjustly force innocent leaders out of office. Robust judicial oversight and adherence to due process are essential to prevent such outcomes. Political Misuse: Rivals might exploit the provision by engineering arrests to sideline opponents. To mitigate this, the Bill must be implemented with strict adherence to legal standards, ensuring that only credible charges trigger its provisions.

Administrative Disruptions: Frequent removals could destabilise governance, particularly in coalition governments. Clear guidelines and swift reappointment processes for exonerated leaders can address this concern.

Broader Implications

The 130thConstitutional Amendment Bill is more than a legal reform; it is a statement of intent to restore public faith in India’s democratic institutions. By addressing the anomaly of detained leaders retaining power, it aligns governance with the principles of accountability and public service. The Bill also sets a precedent for future reforms, encouraging a political culture where ethical conduct is non-negotiable.

Conclusion

The 130thConstitutional Amendment Bill, 2025, represents a bold step toward cleansing Indian politics of ethical ambiguities. It underscores that public office is a privilege rooted in trust, not a right to be clung to under any circumstances. By ensuring that leaders facing serious criminal charges cannot govern from custody, the Bill strengthens the moral foundation of India’s democracy, paving the way for a more accountable and transparent political landscape.

• NAMAN SINGHAL- Student, 2nd Year
• National Law University
•     Himachal Pradesh, Shimla,(H.P.)