📜 Constitution (130th Amendment) Bill, 2025 – Explained
Delhi Law Academy Jaipur presents an important update for Judiciary Aspirants (RJS, DJS, PCS(J) and others).
Here’s the complete text and key highlights of the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, as introduced in the Lok Sabha by the Union Home Minister.
📌 Introduction
THE CONSTITUTION (ONE HUNDRED AND THIRTIETH AMENDMENT) BILL, 2025
Union Home Minister introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 in the Lok Sabha.
- Bill seeks to provide for removal of the Prime Minister, Chief Minister or any other Minister in central and state governments, and the Union Territory (UT) of Delhi who is held in custody for 30 consecutive days for a serious criminal offense.
- The Bills propose significant amendments to Articles 75, 164, and 239AA of the Indian Constitution.
- The same provisions are extended to UT of Puducherry through the Government of Union Territories (Amendment) Bill, 2025 empowering the president to act similarly.
- The Jammu and Kashmir Reorganization (Amendment) Bill, 2025 also applies the same provisions to Jammu & Kashmir, allowing the LG to remove the CM/Ministers.
- All three bills have been referred to the Joint Parliamentary Committee (JPC) for detailed examination and discussion.
⚖️ Key Provisions of Constitution Amendment Bill, 2025
- Grounds for Removal: A Union Minister, Chief Minister (CM), or State Minister will be removed from office if they are arrested and detained in custody for 30 consecutive days for an offense punishable with five or more years of imprisonment.👉 This also applies to the Prime Minister.
🔹 Procedure for Removal:
- Union Ministers (excluding PM): The President must remove the Minister on the Prime Minister’s advice, to be tendered by the 31st day of detention. If no advice is given, the Minister will automatically cease to hold office from the 31st day.
- State Ministers (excluding CM): The Governor acts on the advice of the Chief Minister. If the CM does not advise by the 31st day, the Minister automatically loses office.
- Delhi Ministers (excluding CM): The President removes the Minister on the advice of Delhi’s Chief Minister. If no advice is tendered, the Minister automatically ceases to hold office.
- Prime Minister or Chief Ministers (Union/State/Delhi): They must tender their resignation by the 31st consecutive day of custody. If they fail to resign, they will automatically cease to hold office from the next day.
🔄 Reappointment Rules
✅ There is no bar on reappointment.
A Minister, Prime Minister, or Chief Minister may be reappointed once they are released from custody.
📚 Further Reading for Law Aspirants
Explore more useful resources from Delhi Law Academy to strengthen your preparation:
❓ FAQs on Constitution (130th Amendment) Bill, 2025 ⚖️
The Bill seeks to remove the Prime Minister, Chief Ministers, and Ministers (Union, State, Delhi, Puducherry, J&K) if held in custody for 30 consecutive days for a serious criminal offence.
The Bill proposes amendments to Articles 75, 164, and 239AA of the Indian Constitution to enforce these new removal provisions.
A Union or State Minister, Chief Minister, or the Prime Minister will be removed if detained in custody for 30 consecutive days for an offence punishable with five or more years of imprisonment.
– Union Ministers (excluding PM): Removed by the President on the PM’s advice.
– State Ministers (excluding CM): Removed by the Governor on the CM’s advice.
– Delhi Ministers (excluding CM): Removed by the President on Delhi CM’s advice.
– PM/CMs: Must resign by 31st day, failing which they automatically cease to hold office.
Yes. It applies to Delhi, Puducherry, and Jammu & Kashmir through separate amendment bills empowering the President or Lt. Governor to remove Ministers or CMs.
Yes. The Bill explicitly allows reappointment of a Minister, Chief Minister, or Prime Minister after their release from custody.
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