In August 2025, the Indian Parliament introduced a landmark constitutional reform package, centered on the
Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which proposes significant changes to ministerial accountability and could alter the balance of Centre-State relations.
The legislation, introduced by Union Home Minister Amit Shah in the Lok Sabha, aims to automatically remove or suspend Prime Ministers, Chief Ministers, and Union/State Ministers if they are arrested and detained for more than 30 consecutive days for serious criminal offences punishable by five or more years of imprisonment.
Key Aspects of the Landmark Reform Package:
- 130th Constitutional Amendment Bill, 2025: Seeks to amend Articles 75, 164, and 239AA of the Constitution, setting a 30-day limit for ministerial custody before automatic disqualification.
- Expansion to Union Territories: Similar provisions were introduced via the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, applying these rules to Delhi, Puducherry, and Jammu & Kashmir.
- Mechanism of Removal: If a minister is in custody for 31 days, their removal is automatic, aiming to address the “criminalisation of politics” and ensure that high-ranking officials cannot run governments from jail.
- Parliamentary Status: The bills have been referred to a Joint Parliamentary Committee for detailed review.
Potential Impact on Centre-State Relations:
- Central Overreach Concerns: Critics, including opposition parties, warn that this could be used as a political tool by central agencies to destabilize opposition-ruled states, potentially allowing the central government to trigger the removal of a state Chief Minister.
- Constitutional Debate: The proposed amendments are designed to increase accountability, but have sparked a debate on “constitutional morality” versus democratic mandate, as they could undermine the separation of powers by empowering the bureaucracy/central executive over elected state representatives.
- Reappointment Provision: While the bills mandate removal, they do allow for reappointment if the individual is released.
The 2026 legislative year is expected to see a intense debate on this package as the government pushes to finalize these reforms alongside other measures like the “One Nation One Election” proposal.
