1.130th Amendment Minister Removal (130th Amendment Bill)
What & Where
Amendment Bill 130th Constitution 2025 enables temporary ouster of detained Union, State and Delhi Ministers
Scope inserts new clauses into Articles 75, 164, 239AA governing Councils of Ministers
Trigger custody of 30 consecutive days on serious charges forces resignation or automatic cessation next day
Quick Facts for MCQs
Legal & Policy
- Provision automatic removal on day 31 if advice absent or if PM / CM detained
- Reversibility release from custody ends disqualification restoring office
- Objective uphold constitutional morality and public trust
Judicial Benchmarks
- Supreme Court Manoj Narula 2014 urged Cabinets avoid individuals facing heinous charges
- Public Interest Foundation 2018 held only Parliament can expand disqualifications, urged stricter law
- Senthil Balaji 2025 and Kejriwal 2024 cases highlighted court unease with detained ministers
Criminalisation Data
- ADR 2025 report 45 % MLAs declared criminal cases, 29 % involve serious offences
- RPA 1951 Section 8 disqualifies only after conviction allowing long tenure under trial
- Ministers command executive power risking probe interference amid lengthy judicial process
Reform Proposals
- Law Commission 170th 1999 advised disqualification once charges framed for offences punishable by ≥5-year jail
- Law Commission 244th 2014 and EC 2004 reiterated charge-frame disqualification recommendation
- Additional suggestions ministerial code of conduct, parliamentary ethics oversight, party due diligence in selections
Key Data Points
| Feature | Data-Point |
|---|---|
| Bill number & year | 130th Constitution Amendment Bill 2025 |
| Articles amended | 75, 164, 239AA |
| Custody threshold | 30 consecutive days |
| Removal authority | President or Governor on PM/CM advice |
| Reinstatement | Automatic on release from custody |
Related UPSC Prelims PYQs
Which one of the following Constitutional Amendments states that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the People ?
What does the 104th Constitution Amendment Bill relate to?






