130th Constitutional Amendment Bill, 2025
If such a person is detained continuously for 30 days under charges punishable with 5 years or more imprisonment, they must vacate their office, even before conviction.
130th Constitutional Amendment Bill, 2025
What does it propose?
The Bill introduces a new disqualification clause for Prime Minister, Chief Ministers, or Ministers.
If such a person is detained continuously for 30 days under charges punishable with 5 years or more imprisonment, they must vacate their office, even before conviction.
Key Features:
Applies to both Union & States
Prime Minister, Chief Ministers, and all ministers at central and state level.
Detention Rule
If detained for 30 continuous days → removal.
If acquitted later, they may return to politics (through fresh elections/appointment).
Objective
Prevent individuals facing serious criminal charges from continuing in high executive office.
Strengthen accountability and integrity in public office.
Constitutional Context:
Presently, Articles 102 & 191 deal with disqualification of MPs/MLAs (on conviction, not detention).
The amendment is seen as expanding disqualification to include detention as well.
Exam Angle:
Connect with Article 75(1) (PM must hold office as long as he enjoys Lok Sabha confidence).
Compare with Representation of the People Act (RPA), 1951 → currently, disqualification occurs only after conviction (Section 8).