Constitution 130th Amendment Ordinance: Controversial move for Ministerial Responsibility

A proposed constitutional amendment has provoked fiery discussions in the Parliament of India, and it was thus referred to a Joint Parliamentary Committee (JPC) on the examination. The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 as introduced aims to codify a fresh degree of ministerial disqualification.

Key Provision: The Automatic Removal After Detention

The Bill itself states that this ‘Any Minister who has been arrested and kept in detention for thirty continuous days’on account of an offence that is punishable by imprisonment for “five years or more” – automatic disqualification.

• The minister shall be dismissed by the President on the advice of the Chieef Minister before the expiration of the period aforesaid.
• If the Chief Minister does not recommend removal, the Minister shall stand removed.
• The person is eligible for reappointment to cabinet when released from custody.

Objective and Opposition Concerns

According to the government, it is aimed at maintaining "constitutional morality" and controlling the practice of a detainee exercising ministerial powers. But the proposal is coming under fizzing scrutiny from the Opposition on a number of fronts:

• Presumption of Innocence: Critics argue the law violates one of the bedrock legal principles of our system, innocent until proven guilty, as it punishes on an arrest not a conviction.
• Potential for Abuse: The bill is ripe for abuse, opposition leaders worry. They claim central agencies can work to selectively arrest opposition ministers in a bid to destabilize state governments.
• Centre-State Relations: Leaders have cautioned the bill gives undue jurisdiction to the centre upon state cabinets and endangers democratic and federal values.

The Way Forward: Joint Parliamentary Committee

The bill was in the midst of a huge roar of uproar in the Lok sabha was referred to JPC. This committee, consisting of representatives from either house, will dissect the provisions of the bill before reporting back. The recommendations of JPC are influential, but not binding on the government.

The legislation is a major flashpoint between ethical government aspirations and democratic rights and rule-of-law principles and it will continue to be a battleground for political argument.