Why in News: The 130th Constitutional Amendment Bill, 2025 is in news as the government plans to introduce it in Lok Sabha. It proposes removal of a Union or State Minister detained for 30 consecutive days on serious criminal charges, including corruption, by the President on PM’s advice.
Description:
Union (Article 75):
- The PM & Council of Ministers hold office “during the pleasure of the President”.
- Reality → The President acts on aid & advice of the Council of Ministers, so the political majority in Lok Sabha decides removal.
- No provision for automatic removal of PM/Minister on arrest or criminal charges.
States (Article 164):
- CM & Ministers hold office “during the pleasure of the Governor”.
- Reality → Governor bound by advice of CM, removal depends on Assembly majority.
- No constitutional mechanism for automatic removal if facing criminal charges.
NCT of Delhi (Article 239AA):
- Provides for Council of Ministers headed by a CM for Delhi.
- Ministers hold office during the pleasure of the President, exercised through LG.
- Again, no removal clause for criminal detention.
Removal of PM/CM/Ministers – Before vs Proposed 130th Amendment (2025):
| Feature | Before Amendment (Current Constitution) | After 130th Amendment (Proposed, 2025) |
| Articles involved | Article 75 (Union), Article 164 (States), Article 239AA (Delhi NCT) | Same Articles amended (75, 164, 239AA) + coverage for UTs via new amendments |
| Removal authority | Indirect – Political majority in Lok Sabha/State Assembly; President/Governor acts on aid & advice | Direct – President (PM/Union Ministers), Governor (CM), CM (State Ministers), LG (UT Ministers) |
| Grounds for removal | No constitutional provision for removal on arrest/detention; only political disqualification via Assembly majority | Automatic removal if arrested & detained for 30 consecutive days on charges punishable with ≥ 5 years imprisonment |
| Automatic effect | None – Minister continues in office despite detention/criminal cases | Yes – Removal takes effect automatically on the 31st day of detention |
| Reappointment after removal | Not applicable (no such mechanism exists) | Allowed – Once released from custody, they can be reappointed |
| Scope of application | Union, States, NCT of Delhi | Union, States, NCT of Delhi, UTs (Puducherry, J&K, others) |
| Focus | Political accountability – dependent on majority support in legislature | Legal accountability – ensuring constitutional morality & good governance |
| Loophole addressed | Ministers could continue in office despite being in custody for serious offences | Prevents a detained Minister from continuing in office → maintains public trust in governance |
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