Constitution (130th Amendment) Bill, 2025: A Critical Overview
The Constitution (130th Amendment) Bill, 2025, ostensibly introduced for "public interest, welfare, and good governance," is criticized for destabilizing opposition-led state governments and undermining India's federal structure.
Contradiction with Constitutional Morality
- The bill deviates from the principle that disqualification and punishment should be based on court convictions, not charges or arrests, as per Section 8 of the Representation of the People Act (RPA), 1951.
- This could lead to targeting political opponents, eroding democratic norms.
Violation of Constitutional Articles
- Articles 75, 164, and 239AA outline procedures for ministerial appointment and removal, emphasizing the President's and Governor's role on the advice of respective ministers.
- Automatic removal on unproven criminal charges breaches Articles 14, 19, and 21, which guarantee equality, freedom of speech, due process, and personal liberty.
Concerns About Central Agencies
- The Enforcement Directorate (ED), often targeting Opposition leaders, has a low conviction rate with only 38 convictions in five years.
- Under the Prevention of Money Laundering Act (PMLA), stringent bail conditions exacerbate the issue.
Four Key Objections to the Bill
- Presumption of Innocence: Punishing ministers on arrest subverts the "innocent until proven guilty" principle.
- Separation of Powers: Automatic removal bypasses checks and balances, concentrating power in the executive.
- Denial of Due Process: Removal without trial or judicial finding violates due process.
- Platform for Political Misuse: Risks constitutionalizing vendetta against Opposition leaders.
Conclusion
This bill is seen as an attack on India's constitutional architecture and democratic norms, enabling central agencies to wield arbitrary power against Opposition leaders, and is described as an authoritarian move by the ruling government.