Will 130th Amendment Stamp out Criminalisation of Politics?

Omkar Dattatray

Criminalisation of politics is a very serious problem facing Indian democracy and the state. It has assumed cancerous proportions and has become an epidemic confronting our political institutions. The politico-criminal nexus has considerably eroded our democratic system and polity. It is eating into the vitals of our political and social systems like a termite and has made our political system hollow and shallow.

A large number of our parliamentarians, legislators, cabinet ministers of the central government, state governments, and union territories have criminal records, and criminal charges are pending against them in the judiciary. Over the years, no worthwhile or serious effort has been made to cleanse politics of criminal elements, and the results are before our eyes.

Is it justified that we are ruled by people who have criminal cases pending against them in courts of law? No sane citizen would like to be ruled and administered by criminal elements. Thus, serious efforts should be made to stem the rot of criminalisation of politics. Cleansing our politics and institutions of criminalisation is the need of the hour. As citizens of the largest democracy, we should cooperate with the government to ensure a clean political system.

The 130th Constitutional Amendment Bill: A Step Toward Reform

Now that the NDA government has piloted the 130th Constitutional Amendment Bill in the Lok Sabha, political parties across the spectrum should support the government and pass this important piece of legislation without delay. This would strike at the very roots of the politico-criminal nexus.

However, it is ironic that the Congress and other opposition parties are opposing this bill, whose objective is to debar or remove the Prime Minister, cabinet ministers, and chief ministers from office if they are facing serious criminal charges. It is unfortunate that even parliamentarians, Prime Ministers, Chief Ministers, and state ministers who have been jailed continue to hold political office. This is an endemic problem requiring immediate attention.

The Congress appears to feel insecure about the bill’s passage. This raises questions—why would they oppose the 130th amendment unless there is something to hide? It is a million-dollar question. The rot seems to be more prevalent among opposition parties, whose members are often hand-in-glove with dreaded criminals, threatening our democracy and politico-social system.

Urgency of Political Cleansing

The credibility of our political system has been eroded, and criminalisation is threatening both democracy and governance. All political parties must cooperate with the government to eliminate the criminal-politician nexus and cleanse the political system. Our system is not just staring at criminalisation—it is knee-deep in it. This demands serious action.

Realising the need to purge the political system of this menace, the NDA government has introduced the 130th Constitutional Amendment Bill, 2025, in the lower house of Parliament. The Congress and other opposition parties, fearing exposure and potential legal action, are creating hurdles in its passage.

Current Legislative Developments

As part of its efforts to curb the criminalisation of politics, the Union Government introduced the 130th Constitutional Amendment Bill, 2025. This bill, along with two others, was referred to a Joint Parliamentary Committee (JPC) after opposition parties created a storm in both houses of Parliament during the closing days of the monsoon session. The JPC will scrutinise the bill’s provisions, invite expert and legal opinions, and recommend changes before the bill is taken up for passage.

Key Provisions of the 130th Constitutional Amendment Bill, 2025

The bill aims to provide for the removal of the Prime Minister, Chief Minister of a state, or any other minister in the central or state government if they are arrested and detained in custody due to serious criminal offences. These provisions also apply to Union Territories, including Delhi. The key provisions include:

1. Removal Based on Detention:

• The bill proposes amendments to Article 75 (Union Ministers, including the Prime Minister), Article 164 (State Ministers, including Chief Ministers), and Article 239AA (Delhi Ministers).
• A minister arrested and detained for thirty consecutive days on charges punishable with five years or more of imprisonment shall be removed from office.
  2. Limits on Discretionary Powers:
• Article 75 states that Union Ministers hold office during the pleasure of the President. However, in practice, the President acts on the Prime Minister’s advice.
• Similarly, under Article 164, State Ministers hold office during the pleasure of the Governor, who acts on the Chief Minister’s advice. This limits independent removal.
  3. Automatic Cessation of Office:
• If no formal advice for removal is received by the 31st day of detention, the concerned minister shall automatically cease to hold office.
  4. Special Provisions for PM and CM:
• If a Prime Minister or Chief Minister is detained for thirty consecutive days on serious charges, they must resign by the 31st day.
• Failure to do so will result in automatic cessation of office on the 32nd day.
  5. Reappointment Provisions:
• The bill allows reappointment of a PM, CM, or minister who has resigned or been removed after release from custody, subject to the discretion of the appointing authority (President or Governor).
  6. Extension to Union Territories:
• Through amendments to the Government of Union Territories Act, 1963, and the Jammu and Kashmir Reorganisation Act, 2019, the bill extends these provisions to all Union Territories.

Why the 130th Amendment Bill Is Needed

The need for the 130th Amendment Bill, 2025, arises due to several factors:

1. Rising Criminalisation of Politics:
   Over 40% of sitting MPs face criminal cases. The absence of clear provisions for temporary disqualification of detained ministers weakens public trust.
2. Ethical Governance Imperative:
   Ministers in prolonged custody undermine the principle of integrity in public life and the credibility of cabinet decisions.
3. Public Accountability:
   Current laws only disqualify a minister after conviction, creating a vacuum when ministers are in jail pending trial.
4. Institutional Stability:
   The bill seeks to provide a clear constitutional framework for removal, reducing dependence on discretionary powers of the President or Governors.

The 130th Amendment Bill aims to curb the criminalisation that has deeply invaded our politico-administrative system. The moot question remains: Will the new constitutional amendment ensure a full stop to this menace?

To sum up, there is considerable expectation from the 130th Amendment to the Constitution. However, only time will tell how effective the new law will be in curbing the criminalisation of politics. In the immediate term, the bill should be passed in the upcoming winter session of Parliament, and all political parties should support its passage in the national interest.

(The author is a columnist, social, KP activist & Freelancer)