Constitution (130th Amendment) Bill 2025: Arrested PMs and CMs May Lose Office
Arrested PMs and CMs May Lose Office : Government introduces major constitutional changes to stop arrested leaders from staying in office.
The Indian government is introducing the Constitution (130th Amendment) Bill, 2025, to remove the Prime Minister, Union Ministers, or Chief Ministers if they are arrested and held in custody for 30 days in serious criminal cases.
The proposal, which amends Articles 75, 164, and 239AA, aims to restore public trust and ensure accountability.
What is the new bill regarding Arrested PMs and CMs May Lose Office ?
The key proposals are part of The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025.
Here’s what it seeks to introduce:
If the Prime Minister, a Union Minister, Chief Minister, or a Minister of State/UT is arrested and kept in custody for 30 consecutive days in a case carrying a minimum punishment of five years, they will be removed from office.
To enable this, the bill proposes amendments to Articles 75, 164, and 239AA of the Constitution.
Once released from custody, such individuals may be reappointed if their party or legislature supports them.
This is the first attempt to directly deal with the grey area between arrest and conviction, which has long been exploited in Indian politics.
Why the change is being brought regarding Arrested PMs, CMs and Ministers
At present, the law disqualifies MPs or MLAs only after conviction if sentenced to two years or more.
There is no rule that forces a minister to step down when arrested before trial.
This loophole has allowed several high-profile leaders to remain in office despite being jailed on corruption, money laundering, or other criminal charges.
The government says the proposed law will protect constitutional morality and strengthen public trust in governance.
The aim is to prevent leaders facing serious allegations from misusing the authority of their office while under custody.
Political reactions and likely debates on Bill of Arrested PMs and CMs May Lose Office
The amendment is likely to trigger a stormy debate in Parliament.
Supporters believe it is a much-needed step to clean up politics and hold leaders accountable.
Critics warn it may be misused for political vendetta, with ruling parties using arrests as a tool to remove rivals.
Legal experts have also raised concerns about the presumption of innocence, since removal would happen before a court has declared guilt.
The challenge will be balancing fair trial rights with the need for accountability.
The road ahead regarding Arrested PMs and CMs May Lose Office after 30 days
Passing a constitutional amendment is not easy. The bill must secure a two-thirds majority in both the Lok Sabha and Rajya Sabha, and then need to also win approval from at least half the state assemblies.
The government is expected to refer the bill to a joint parliamentary committee for detailed scrutiny before it is put to vote.
If cleared, this will mark one of the most significant constitutional reforms in recent times, reshaping the accountability framework for India’s top political leaders.
Why this Arrested PMs and CMs May Lose Office Bill matters
India has long struggled with the criminalization of politics.
According to the Association for Democratic Reforms (ADR), nearly 43% of MPs elected in 2019 had pending criminal cases, many of them serious.
By moving to remove arrested leaders from office, the government is sending a strong message: Holding public office is a responsibility, not a shield from law.
Conclusion on the Topic
The Constitution (130th Amendment) Bill, 2025 is a bold step to close loopholes that let arrested leaders cling to power.
While it promises greater transparency and accountability, it also raises concerns about misuse and fairness.
The coming weeks in Parliament will determine whether this proposal becomes a landmark reform or yet another political flashpoint. Either way, the debate is set to reshape the conversation on integrity in Indian politics.
Frequently Asked Questions (FAQ) related to Arrested PMs and CMs May Lose Office
Q1. What is the Constitution (130th Amendment) Bill, 2025?
It is a proposed law that removes the Prime Minister, Union Ministers, or Chief Ministers from office if they are arrested and remain in custody for 30 days in a case with a minimum punishment of 5 years.
Q2. Which Articles of the Constitution will be amended?
The bill seeks to amend Articles 75, 164, and 239AA to add provisions for removal of arrested ministers.
Q3. Can a removed minister return to office after release?
Yes. Once released from custody, the individual can be reappointed if they still enjoy legislative support.
Q4. Why is this bill being introduced now?
In recent years, several leaders remained ministers despite being jailed on corruption or criminal charges. The government says this weakens public trust and undermines governance.
Q5. What is the next step for the bill?
It will be introduced in the Lok Sabha, reviewed by a joint parliamentary committee, and must secure approval in both Houses of Parliament and half of the state legislatures to become law.