GS 2: PolityGS 2: GovernancePrelims

Govt puts draft law seeking removal of 'tainted' ministers on backburner, Pg7

Government puts controversial 130th Constitution Amendment Bill, targeting 'tainted' ministers, on backburner, prioritizing Women's Reservation Bill for Monsoon Session.

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Key Highlights:

  • The Union government has put the Constitution (130th Amendment) Bill, 2025, on hold, prioritizing the Women's Reservation Law and the Delimitation Bill.
  • The 130th Constitution Amendment Bill proposes the removal of ministers arrested for serious offenses and detained for 30 consecutive days.
  • The decision to defer was made to focus on securing a two-thirds majority for the Constitution (131st Amendment) Bill, 2026, which includes women's reservation and delimitation.
  • A Joint Committee of Parliament examining the 130th Constitution Amendment Bill deferred adopting its report due to lack of consensus and calls for wider consultations.

Detailed Insights:

  • The Constitution (130th Amendment) Bill, 2025, seeks to amend Articles 75, 164, and 239AA, allowing for the removal of a Prime Minister, Chief Minister, or other minister if detained for 30 days for offenses punishable by five or more years of imprisonment.
  • Removal under the proposed bill could be directed by the President or Governor on advice, or automatically on the 31st day of detention.
  • Opposition parties and even allies like the Telugu Desam Party (TDP) expressed reservations, citing concerns about potential misuse, anti-federal implications, and contradiction of natural justice principles.
  • Suggestions were made to replace "removal" with "suspension" to avoid diluting the bill's purpose, and to incorporate provisions preventing misuse of the law.
  • The Constitution (131st Amendment) Bill, 2026, which aimed to implement 33% women's reservation and initiate delimitation based on the 2011 census, failed to pass in the Lok Sabha due to insufficient majority.
  • The government's current focus is on building consensus for the Women's Reservation Law and Delimitation Bill, which are considered priority legislative items.

Key Concepts Involved:

  • Constitution (130th Amendment) Bill, 2025: A proposed law to remove ministers detained for 30 days for serious criminal offenses.
  • Women's Reservation Law: Legislation aiming to reserve one-third of seats for women in the Lok Sabha and State Legislative Assemblies.
  • Delimitation Bill: A bill intended to readjust the allocation of seats in legislative bodies based on population changes and implement women's reservation.
  • Joint Committee of Parliament: An ad hoc committee comprising members from both Lok Sabha and Rajya Sabha to examine specific bills or issues.
  • Natural Justice: Principles of fairness, equity, and justice, including the right to a fair hearing and absence of bias, embedded in the Indian legal system.
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