Constitutional Amendment: A new political debate in the country over the 130th Amendment Bill; Boycott of opponents

130th Constitutional Amendment: A parliamentary committee has recommended that if the Prime Minister, Union Minister or Chief Minister is kept in custody for 30 consecutive days on charges of serious offence, they should be suspended instead of removed from office. The opposition parties have made this recommendation despite opposition to the bill. The Committee has also proposed a system whereby the suspension will automatically end if such person is acquitted of the charges or if the case is not heard within the prescribed period.

The Joint Committee of Parliament reviewing the 130th Amendment Bill made two specific and three general recommendations. The bill, introduced in August 2025, provided that if the prime minister, minister or chief minister did not resign by the 31st day of his arrest, he would be automatically removed from office. However, opposition parties called the bill a tool to destabilize opposition-led governments. Most of the opposition parties kept themselves out of the joint committee that reviewed the bill.

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The parliamentary committee report is likely to be approved soon. In its report, the committee proposed that ‘ministers facing serious criminal charges should be suspended instead of permanently removed pending legal proceedings. This protection may give the relevant leader a chance for reappointment.

Prohibition of running the government from prison

The joint committee also said that the proposed law should have a separate schedule for offenses punishable by five years or more, so that the offenses that can lead to suspension are clearly identified, the bill was introduced with the aim of ensuring that the government is not run from jail, if the recommendations are accepted, the Home Ministry will go to the Union Cabinet with the proposed amendment and then the amendment bill will be formally introduced in the Lok Sabha.

The suspension shall terminate automatically upon acquittal or delay

The committee has also suggested an important provision regarding suspension. It is recommended that if a minister is acquitted by the court or if the trial is not completed within the stipulated time, his suspension should end automatically. According to the committee, this provision will give the acquitted persons an opportunity for reinstatement and will not cause permanent injustice to them.

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Also suggestion to conduct cases in fast track courts

Citing Supreme Court directives, the committee recommended that criminal cases involving persons holding high constitutional positions should be tried in fast-track or special courts. The committee is of the opinion that this will help in getting quick results in such cases.

What is the next procedure?

If the government accepts the committee’s recommendations, the Home Ministry will make necessary amendments and place the proposal before the Union Cabinet. After getting the approval of the cabinet, the relevant amendment bill is likely to be introduced in the Lok Sabha. The main objective behind the proposal is to ensure that the government functions effectively and that the administration is not affected by individuals facing serious criminal charges.