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130th Constitution Amendment Bill
130th Constitution Amendment Bill : The Union Government is preparing to introduce a landmark legislation aimed at curbing the growing concern of politicians continuing to hold office despite facing serious criminal charges. Union Home Minister Amit Shah is set to table three Bills in Parliament, including the 130th Constitution Amendment Bill, which directly addresses the issue of removal of elected representatives who are arrested or detained in grave criminal cases.
This move has stirred political debates across the spectrum, especially after recent controversies where elected leaders continued in office despite being jailed.
130th Constitution Amendment Bill
Centre’s Bold 130th Constitution Amendment Bill: How It Targets ‘Tainted’ Politicians and Differs from Existing Laws
Why Was the Bill Introduced?
The immediate trigger behind the proposed law is the Delhi liquor policy scam case, where former Delhi Chief Minister Arvind Kejriwal continued to hold office for nearly six months despite being in custody. Similarly, Tamil Nadu minister Senthil Balaji also remained in the Legislative Council even after his arrest.
Such situations, the government argues, weaken the integrity of democratic institutions and erode public trust.
What Changes Does the Bill Propose?
The 130th Constitution Amendment Bill seeks to amend Articles 75, 164, and 239AA of the Constitution. The key provisions include:
- Automatic Removal of Chief Ministers and Ministers
If a Chief Minister, Prime Minister, or minister is arrested and detained for a period of 30 consecutive days on charges punishable with imprisonment of five years or more, they must resign by the 31st day. If they refuse, they will automatically cease to hold office. - Provision for Reappointment
Once released from detention, the individual can be reappointed to their previous role if deemed fit by the President or Governor, ensuring fairness if the charges were politically motivated or legally unsustainable. - Equal Applicability
The rule applies uniformly to the Prime Minister, Union Ministers, State Chief Ministers, and Ministers in both Union Territories and States.
This marks a shift from the current scenario, where politicians can continue in office unless convicted by a court of law.
What Does Current Law Say?
Under the Code of Criminal Procedure (CrPC) 1973, lawmakers can be arrested if a court issues a warrant. However, an elected representative can only be disqualified upon conviction—not mere arrest or detention.
Some protections exist:
- MPs and MLAs enjoy immunity from civil arrest during parliamentary sessions (40 days before, during, and after).
- However, this protection does not extend to criminal cases or preventive arrests.
- The President of India is the only constitutional authority with complete immunity during tenure. Even the Prime Minister can be arrested if a criminal case is registered.
In 2013, the Supreme Court struck down Section 8(4) of the Representation of the People Act, which earlier allowed MPs and MLAs to continue in office while appealing convictions.
Why Is the Bill Controversial?
While the government argues the bill is necessary to uphold the purity of public office, critics see it as a political tool.
Congress leader Abhishek Manu Singhvi strongly opposed the move, warning that it could be misused by the ruling party to target opposition leaders through central agencies.
He posted on social media:
“No guidelines followed for arrests! The new law removes sitting CMs immediately after arrest. The best way to destabilise the opposition is to arrest them arbitrarily. No ruling party CM has ever been touched.”
This reflects the broader fear that while the law aims at cleansing politics, its misuse could erode federalism and democratic checks and balances.
Why This Bill Matters
India has long grappled with the issue of criminalisation of politics. According to various studies, over 40% of MPs face criminal charges, many of them serious. Existing laws only act after conviction, which often takes years, allowing leaders to continue influencing governance from jail.
The new amendment seeks to plug this gap by enforcing accountability at the stage of arrest itself.
Conclusion
The proposed 130th Constitution Amendment Bill is a bold step towards tackling the menace of criminalisation in politics. It introduces strict accountability but also raises concerns of political misuse.
If implemented with clear safeguards and transparency, it could transform Indian politics by ensuring that no leader accused of grave crimes can continue in power unchecked. However, without proper safeguards, it risks becoming another weapon in the arsenal of political rivalry.
The coming parliamentary debate will decide whether this bill emerges as a historic reform or another controversial flashpoint in India’s democracy.
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