Why in news?
The Government introduced the 130th Constitution Amendment Bill in Parliament in 2025 to strengthen accountability among ministers and other public functionaries. The Bill seeks to automatically remove a minister from office if they are detained or imprisoned for more than 30 days.
Key provisions
- Automatic vacation of office: If a Union or State minister is in judicial custody for more than 30 days, their office will fall vacant from the 31st day onwards.
- Re‑appointment: The person can be re‑appointed only after being released on bail or acquitted. This prevents situations where a minister continues to hold power while in jail.
- Applicable to States and Union Territories: The Bill extends to all tiers of government to ensure uniform standards.
- Constitutional amendment: Changing the status of ministers requires amending Articles of the Constitution, hence a special majority and ratification by half of the States is needed.
Justification
The proposed law aims to uphold the sanctity of public office and prevent the misuse of power. It reflects the principle that no one is above the law. By setting a clear limit on how long a minister can remain in office while facing serious charges, the Bill may deter criminalisation of politics and build public trust. However, care must be taken to ensure due process and avoid misuse through politically motivated arrests.