One Step Forward, Half a Step Back: The Promise and Paradox of the 130th Amendment
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
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By Sunil Garodia
First publised on 2025-08-25 12:06:11
About the Author
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
View all posts by this Author
Running The Government From A Prison Cell
In no democracy should ministers govern from prison cells - yet India has witnessed exactly that. The 130th Constitution (Amendment) Bill, 2025 seeks to correct that by proposing automatic removal of Prime Ministers, Chief Ministers, and other ministers who remain in custody for 30 consecutive days on serious criminal charges - bringing a long-ignored issue squarely into the constitutional spotlight.
Filling a Constitutional Void
India's current legal architecture offers no provision for a minister's removal following arrest and prolonged custody, even on grave charges. This absence allows those facing serious allegations to continue wielding executive power - sometimes from behind bars - jeopardizing both constitutional propriety and public faith.
Several recent instances of Chief Ministers or state ministers refusing to resign after arrest have underscored this gap in governance. Such episodes - where ministers appear to be administering the state by proxy from jail - diminish the sanctity of public office and erode democratic credibility.
The Principle of Constitutional Morality
At the heart of this amendment lies constitutional morality: the idea that those entrusted with public power must not only be able to govern, but also maintain public trust. Prolonged custody, even without conviction, raises legitimate doubts about a minister's capacity to execute duties impartially and effectively.
The 30-day threshold seeks to strike a calibrated balance - avoiding reactionary, unfounded removals while ensuring that extended custody does not coexist with the responsibilities of governance.
Automatic Mechanism: Depoliticizing Accountability
What sets this proposal apart is its automaticity. Once someone has been in custody for 30 consecutive days on serious charges, removal from office becomes a constitutional mandate - not a discretionary or partisan choice.
This removes the burden from political parties to capitulate to public pressure or partisan calculation. It turns accountability into a constitutional rule, not a negotiable exception.
Scope and Implications
The bill proposes essential amendments to Articles 75, 164, and 239AA, thereby covering the Union, states, and Union Territories alike. By defining "serious criminal charges" as those with potential sentences of five years or more, the provision avoids penalizing minor infractions - reflecting legislative precision and proportionality.
Potential Concerns and Counterarguments
Concerns remain, and they are valid. Critics warn the amendment could be weaponized - engineered arrests could be used to trigger automatic removal. Although the 30-day threshold, coupled with judicial oversight, is a guardrail, it may not offer absolute protection in our adversarial political context.
Moreover, while the amendment stops short of declaring guilt, it does punish those who have not yet been convicted - raising questions about due process and the presumption of innocence.
Here lies a profound irony: while the bill bars ministers in custody from continuing in office, our electoral system still permits those same individuals to contest elections - preserving their path back to power through popular vote. Persons with serious criminal charges agaisnt them, and held in custody for more than 30 days, are allowed to contest elections. If prolonged incarceration disqualifies one from governing, it seems inconsistent to allow them to contest polls to be people's representatives in the first place. Without complementary electoral reforms, the bill risks remaining only a partial step toward genuine accountability.
Remaining questions also persist: if a minister is later acquitted, could or should there be a mechanism for reinstatement? Or does the fact of prolonged custody alone justify permanent disqualification? These are weighty issues that Parliament must carefully investigate.
International Precedents and Democratic Norms
Across mature democracies, it is common for those under serious criminal accusation to step aside from executive responsibilities - even absent conviction. India's reform aligns with this global trend. Yet our unique political and judicial landscape necessitates additional safeguards against misuse.
A Step Toward Institutional Reform
The decision to refer the bill to a Joint Parliamentary Committee is both prudent and necessary. It offers an opportunity for cross-party dialogue, thoughtful refinement, and legitimacy that must undergird any enduring reform.
This amendment should not be framed as a short-term political maneuver, but as part of a broader institutional reform agenda - alongside more transparent electoral systems, judicial reforms, and governance integrity measures.
Conclusion
The 130th Amendment Bill is a step in the right direction - firming up constitutional norms and public trust. Yet it must evolve. If it is to fully uphold the dignity of public life, it must be harmonized with electoral reforms that block those under prolonged judicial custody from seeking office in the first place.
Only when both governance and candidature are held to the same standard will true accountability be achieved. With robust safeguards and bipartisan resolve, this seemingly modest amendment could become a milestone in India's democratic evolution - strengthening not just the Constitution's text, but its spirit.
