New Amendment Targets Corrupt Ministers — But Critics Smell a Trap

In a landmark legislative push that could reshape India’s political accountability framework, the government has introduced the 130th Constitutional Amendment Bill, which proposes the automatic removal of Prime Ministers, Chief Ministers, and Ministers who are arrested and detained for more than 30 consecutive days on serious criminal charges.

While the move has been hailed by many as a bold strike against corruption and criminalization of politics, constitutional experts and opposition leaders are raising alarms — warning that the bill could become a political weapon in the hands of those in power.

⚖️ What the 130th Amendment Proposes

At its core, the bill seeks to amend Articles 75 and 164 of the Constitution, which govern the tenure of Union and State Ministers, respectively.

Under the proposed amendment:

• Any Prime Minister, Chief Minister, or Cabinet Minister shall be deemed to have vacated office if detained for 30 or more consecutive days in connection with charges punishable by imprisonment of 7 years or more.
• The provision would apply regardless of conviction, meaning even those awaiting trial or under investigation could lose office.
• A reinstatement mechanism is proposed if the individual is acquitted or charges are quashed by a court.

🚨 Supporters Say: “Accountability at Last”

Government spokespersons and anti-corruption advocates have welcomed the bill as a long-overdue response to the increasing number of elected officials facing serious criminal cases.

“The public wants clean governance. You cannot have someone leading a state or the nation from jail. This amendment ensures dignity of office,” said Union Law Minister Anirudh Desai.

The government claims that over 40% of current MPs have pending criminal cases, and the bill is aimed at restoring public trust in democratic institutions.

🧨 Critics Say: “Political Tool in Disguise”

However, legal scholars and opposition parties have called the bill “dangerous,” warning it could be misused to eliminate rivals using fabricated or politically motivated arrests — especially given the potential for selective enforcement.

“The presumption of innocence is a cornerstone of our democracy,” said Supreme Court advocate Meena Menon. “Detention without conviction should not be the basis to strip an elected leader of office — especially when misuse of investigative agencies is a real concern.”

The 30-day detention threshold is seen by some as arbitrary, and civil rights groups argue it violates the basic structure doctrine by effectively reversing the burden of proof.

🧭 Constitutional Crossroads

The bill will need to pass both Houses of Parliament by a two-thirds majority and be ratified by at least half the states to become law. While the NDA may have the numbers in Lok Sabha, the Rajya Sabha and state assemblies could prove more challenging.

The Supreme Court is also expected to intervene if the bill passes, especially given that it touches on fundamental rights, due process, and the balance of powers.

📌 What’s Next?

The 130th Amendment Bill is scheduled for further debate in the Winter Session of Parliament. Whether it becomes law or not, one thing is clear: the battle for political accountability in India is entering a fierce new chapter.

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