Paper: GS-II, Subject: Polity, Subject: Legal issues, Issue: Implications of the New Constitution bill.
Context:
Proposed Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 introduced in Lok Sabha aimed at addressing the issue of criminality in politics and restoring moral integrity in governance.
Key Provisions of the Bill:
- Applicability: Ministers, Chief Ministers, and Prime Minister.
- Condition: If in custody for over 30 consecutive days in crimes with punishment of more than 5 years imprisonment.
- Action Required:
- Must resign, or
- Automatically subject to removal.
Constitutional Basis: Provisions draw on Articles 75, 164, and 239AA of the Constitution which mandates that Ministers hold office at the pleasure of the President/Governor.
Judicial Pronouncements
- S.R. Bommai vs Union of India: Emphasised constitutional morality and democratic accountability.
- Lily Thomas vs Union of India: Lawmakers convicted of offences are immediately disqualified.
- Courts have ruled that executive office-holders must act within constitutional boundaries.
Issues and Concerns:
Need for a Nuanced Approach: Blanket criminalisation of politics may weaken governance. Reforms that can be pursued include:
- Establish an independent review mechanism such as judicial panel.
- Ensure removal only after judicial oversight.
- Balance accountability with stability.
- Focus on due process, not just immediate disqualification.
- Bill should not just target “big fish” but apply to all levels of political offices.
- Introduce graded disqualification – minor vs major offences.
- Strengthen institutional safeguards against political vendetta.
- Structural reforms must be pursued such as fast-track courts, transparency in candidate selection, political funding reforms.
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