CURRENT AFFAIRS
CURRENT AFFAIRS
Description
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 has sparked significant debate in Parliament. Amid heated discussions in the Lok Sabha, the Bill was sent to a Joint Parliamentary Committee (JPC) for in-depth review. It seeks to amend Article 75 of the Constitution, specifically regarding the disqualification of ministers detained for serious criminal offences. This article explains the Bill’s key provisions, parliamentary reactions, and the role of the JPC.
Provisions Of 130th Amendment Bill
Under the proposed legislation, any minister arrested and detained for 30 consecutive days on charges of offences punishable with five years or more imprisonment would be required to vacate their ministerial post. The President will remove the minister based on the Chief Minister’s advice by the 31st day of detention. If the Chief Minister does not issue advice, the minister will automatically cease to hold office. The Bill also allows ministers to be reappointed after release from custody.
Amendment To Article 75
Article 75 currently governs the appointment and functioning of the Council of Ministers. The amendment introduces a clause specifying that ministers detained for serious criminal charges cannot remain in office beyond 30 days. The goal is to uphold constitutional morality and good governance by preventing detained ministers from exercising executive authority.
Opposition Concerns
The Bill faced strong resistance from opposition parties, who argue that it contradicts the principle of presumption of innocence by acting on arrest rather than conviction. Critics warn of potential misuse for political targeting, which could destabilise state governments. Leaders such as Mamata Banerjee described the Bill as a threat to democracy and federalism, while Asaduddin Owaisi criticised it for undermining the separation of powers, claiming it allows the executive to act as both judge and enforcer.
Role Of Joint Parliamentary Committee
The Bill was referred to a Joint Parliamentary Committee (JPC), consisting of members from both the Lok Sabha and Rajya Sabha, to conduct a detailed examination and submit a report before the next parliamentary session. JPCs are temporary bodies, dissolving once their mandate is complete. While their recommendations are persuasive, they are not legally binding on the government.
Implications Of Bill
The proposed amendment introduces ministerial removal based on arrest, challenging traditional legal principles like the presumption of innocence. It sets a new standard for accountability but also raises concerns about potential political instability and misuse. The provision allowing reappointment after release provides some flexibility, but critics argue it does not fully address the risk of partisan application. Overall, the Bill underscores the ongoing tension between reforms aimed at governance and the protection of democratic rights.
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