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DAILY NEWS ANALYSIS

  • 12 April, 2026

  • 5 Min Read

The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025

The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025

Introduced in the Lok Sabha on August 20, 2025, this Bill mandates the removal of a Prime Minister (PM), Chief Minister (CM), or Minister if they are detained in custody for serious criminal offences. It seeks to ensure that executive heads do not govern from prison, thereby maintaining administrative integrity.

Key Provision Details
Grounds for Removal A Minister is liable for removal if they are accused of an offence punishable by five years or more imprisonment and have been detained in custody for 30 consecutive days.
Ministerial Exit The PM at the Centre or CM of States/Delhi must advise the President or Governor to remove such a Minister by the 31st day. If no advice is given, the Minister automatically ceases to hold office.
PM and CM Vacancy A PM or CM must resign by the 31st consecutive day of custody. Failure to resign results in automatic cessation of office from the following day.
Re-appointment The Bill permits the re-appointment of the removed individual once they are released from custody.
PT Facts
  • Introduced: 20 August 2025 in Lok Sabha.
  • Bill Number: 130th Constitutional Amendment Bill.
  • Applies To: PM, CM, and Ministers.
  • Custody Threshold: 30 consecutive days.
  • Offence Threshold: Punishable by 5 years or more imprisonment.
  • Important Clause: Re-appointment allowed after release from custody.

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