Union Home Minister Amit Shah has strongly defended the 130th Constitutional Amendment Bill 2025, which has stirred a heated political debate across the country. Speaking at the ANI Podcast, Shah explained that the bill’s purpose is to bring greater accountability to those holding high political offices, including the Prime Minister, Chief Ministers, and Union or State Ministers, by ensuring that anyone imprisoned for more than 30 days in connection with a serious offence automatically loses their ministerial position.

Key Clarification on Petty Allegations

Amit Shah stressed that this bill is not aimed at trivial or politically motivated allegations, but specifically at cases involving serious criminal charges. According to him, the threshold is a punishment of more than five years. He pointed out that India already has a legal framework in the Representation of People Act (RPA), where any elected representative sentenced to two years or more faces immediate disqualification as a Member of Parliament or State Assembly.

He noted:

“Where there is a provision of more than 5 years of punishment, the person will have to leave the post. One does not have to leave the post for any petty allegation. Even today, under the RPA, elected representatives lose membership after a conviction of two years or more, though they can seek relief through a judicial stay.”

By highlighting this, Shah underscored that the amendment bill does not introduce a completely new principle, but rather extends the already existing framework to ministers holding executive powers.

Reference to Arvind Kejriwal’s Arrest in Liquor Policy Case

During the conversation, Shah drew a sharp reference to the case of former Delhi Chief Minister Arvind Kejriwal, who was arrested in the controversial Delhi liquor policy case. Kejriwal initially resisted calls to resign and only stepped down later on what he described as “moral grounds,” appointing Atishi Marlena as his successor.

According to Shah:

“If this law had been in place, he would have had to resign immediately. When the public began questioning him after his release, he resigned and made Atishi ji the CM. But had the law existed, there would have been no scope for him to continue even for a short time.”

This remark reflects the government’s attempt to address situations where leaders cling to office despite facing serious charges, often leading to public distrust and political turmoil.

Opposition Boycott of the JPC on the Amendment Bill

The Joint Parliamentary Committee (JPC) set up to examine the 130th Amendment Bill has seen opposition parties boycotting its proceedings, arguing that the bill could be misused to target political rivals. However, Shah dismissed these concerns, saying that the committee’s work will not stop because of non-cooperation.

He said:

“The JPC will do its work. The existing people will continue. Tomorrow, if the opposition refuses to participate in any parliamentary process for four years, will the country stop functioning? The only thing we can do is give them a platform to present their views. If they refuse, then the people of India are watching.”

This statement reflects the government’s stance that legislative and constitutional reforms cannot be held hostage to political boycotts, and that the parliamentary process must continue even with partial participation.

The Broader Political Significance

The 130th Amendment Bill has emerged as one of the most contentious reforms in recent years. Supporters argue that it will help cleanse politics by ensuring that no minister accused of serious crimes continues to exercise executive powers, which could otherwise lead to misuse of authority.

Critics, however, caution that the bill could be weaponized against opposition leaders by initiating prolonged legal cases that keep them behind bars long enough to trigger automatic disqualification. Shah’s clarification that the amendment applies only to crimes carrying punishments of over five years is aimed at addressing such concerns.

Historical Context: The Representation of People Act

By citing the Representation of People Act (1951), Amit Shah reminded that India already has mechanisms to disqualify convicted lawmakers. Under the RPA, any MP or MLA convicted and sentenced for two years or more loses their seat immediately, unless a higher court grants a stay on the conviction. Several prominent politicians in the past have faced this disqualification, though some were reinstated later through judicial intervention.

The 130th Amendment Bill essentially extends this principle from legislators to members of the executive, thereby aligning political accountability across both domains.

Conclusion

Amit Shah’s strong defence of the 130th Amendment Bill 2025 reflects the government’s determination to pursue reforms that hold political leaders accountable for serious crimes. While the opposition remains skeptical and continues to boycott the JPC deliberations, the Home Minister’s remarks suggest that the government is ready to push forward with or without opposition cooperation.

By citing the Kejriwal liquor policy case, Shah attempted to provide a real-world example of why such a law is necessary in contemporary politics. Whether the bill will pass smoothly or face prolonged resistance remains to be seen, but it has already set the stage for a major political and constitutional debate in India’s democracy.

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