THE CONSTITUTION (130TH AMENDMENT) BILL, 2025: REMOVAL OF MINISTERS UPON DETENTION
Ajmal. A, LLM in International Law, 3rd Semester, Student of Government Law College, Thiruvananthapuram (India)
The Constitution (130th Amendment) Bill, 2025 proposes a far-reaching constitutional intervention by mandating the removal of the Prime Minister, Chief Ministers, and other Ministers upon arrest and detention for thirty consecutive days in cases involving serious criminal offences. While the stated objective of the Bill is to address the long-standing concern of criminalisation of politics and to uphold probity in public life, the method adopted raises profound constitutional, democratic, and institutional concerns. This article undertakes a detailed doctrinal and constitutional analysis of the Bill by situating it within the existing framework of disqualification of legislators and Ministers, examining its compatibility with the basic structure doctrine, and drawing from scholarly commentary and comparative constitutional practices. The article argues that although the intent of cleansing politics is legitimate, automatic removal based on detention alone risks abuse of criminal process, undermines parliamentary democracy, and destabilises federal balance. The article concludes with recommendations for constitutionally sustainable alternatives.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 609–628. |
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