Amit Shah Defends 130th Amendment Bill; Says Jailed Ministers Must Resign After 30 Days

Union Home Minister Amit Shah has defended the Constitution (130th Amendment) Bill, 2025, which proposes the removal of Union and State ministers, including the Prime Minister and Chief Ministers, if they remain in custody for more than 30 days on charges that carry a jail term of over five years.

In an interview with ANI, Shah said the Bill was aimed at restoring political morality and questioned the Opposition’s move to block its presentation in Parliament. “If an elected government is bringing a Bill or a constitutional amendment and putting it before the House, what opposition can there be to that? That too when I had made it clear that it would be handed over to a joint committee of both Houses. You can express your views there. And when it is put to a vote, you can vote. But in a democracy, is it good to stop a Bill from even being presented in the Lok Sabha? Is the Parliament for discussion or ruckus?” he said.

The Home Minister said the legislation was necessary because of a “new trend” of leaders refusing to resign after being jailed. “Since Independence, many leaders have gone to jail, and all resigned before going to jail. A new trend has emerged now that even after going to jail, you won’t resign. Tamil Nadu ministers did not resign, Delhi’s ministers and the Chief Minister did not resign. Will DGPs and chief secretaries go to jail to take orders? Will this grant our democracy any respect in the world?” he asked.

Referring specifically to former Delhi Chief Minister Arvind Kejriwal’s arrest in the excise policy case, Shah said, “He got the bail (within 30 days), and I believe he should have given his resignation at that time. He even handed in his resignation when people opposed him. Now, he will have to give his resignation lawfully.”

Shah argued that the Bill applies equally to ruling party leaders and the Opposition. “Today, NDA has most chief ministers in the country. Even the PM is from the NDA. The Bill does not just raise questions on Opposition CMs, but also ours. They say FIRs are not registered against our leaders. Everybody knows there is something called a PIL. If there is an allegation against a leader, go to the court. The court will order an FIR. If it is a serious matter, the court will even monitor investigations. It’s not a question of ruling party or Opposition,” he said.

He clarified that the Bill covers only offences punishable with five years or more. “It does not concern small charges. Even today, there is a law that if you are sentenced to more than two years of jail, you will lose your legislative membership. Though the case is still open for appeal in the High Court and the Supreme Court, this has been there since Independence. As and when they are acquitted, their membership is revived,” he said.

Shah also stressed that the 30-day custody provision was a safeguard. “If the case is bogus, the High Courts and the Supreme Court are not sitting with their eyes shut. The courts have a right to grant bail. If it is not granted, you will have to leave the post. I want to ask, can a CM or PM run the government from jail? Does it befit a democracy? And if they are granted bail after 30 days, they can take oath again,” he said.

He rejected Opposition claims that the government could pressure courts into denying bail. “This is merely a beautifully constructed argument by them to remain stuck to the chair. I believe our courts are sensitive and will decide matters well within time,” he said.

Responding to protests in Parliament where the Opposition termed the Bill “unconstitutional” and a “Black Bill,” Shah said, “I want to ask the entire nation and the Opposition... Can a Chief Minister, Prime Minister, or any leader run the country from jail? Does that suit the dignity of our democracy? The jail will be made CM House, PM House, and the DGP, Chief Secretary, Cabinet Secretary, or Home Secretary will take orders from the jail. My party and I completely reject the idea that this country cannot be governed without the person who is sitting there. This will not affect anyone’s majority in the Parliament or the Assembly. One member will go, other members of the party will run the government, and when they get bail, they can come and take the oath again. What is the objection in this?”

He added that the Prime Minister himself had supported including the PM’s office in the scope of the Bill. “The Prime Minister himself has included the post of PM in this... Earlier, Indira Gandhi had brought 39th amendment (of protecting the President, VP, PM, and Speaker from judicial review by Indian courts) ... Narendra Modi ji has brought a constitutional amendment against himself that if the Prime Minister goes to jail, he will have to resign,” Shah said.

The Home Minister also accused the Congress of double standards, citing the 2013 ordinance under the UPA government that sought to protect convicted MPs and MLAs. “Congress is opposing this today. When they were in power and Manmohan Singh was the PM, Lalu Yadav was their minister. Lalu was sentenced in the fodder scam. The Manmohan Singh government brought an ordinance that, pending appeal, even a sentencing of two years or more will not deprive an MP of membership. The same Rahul Gandhi had publicly torn the ordinance in a press conference. He mocked a decision taken by his party’s cabinet and PM on moral grounds, making Manmohan Singh cut a sorry figure. Now, the same Rahul Gandhi, in order to form a government in Bihar, is hugging a convicted Lalu Yadav. Is this not a double standard?”

On the larger intent behind the Bill, Shah said, “People have earlier resigned on moral grounds, Advani ji, Yeddyurappa ji, Eeshwarappa ji, George Fernandes, even Hemant Soren recently. Probably, when the Constitution was framed, the framers did not imagine such shamelessness and thus did not include such a provision. But now that such things are happening, we cannot let political morality slide down. This Bill will strengthen the moral basis of our values.”

The Bill has been referred to a Joint Parliamentary Committee comprising members from both Houses. Shah expressed confidence that it will secure the two-thirds majority required for passage. “I am confident that this Bill will be passed by Parliament. There will be many within the Congress and the Opposition who will support the Bill to uphold morality in politics,” he said.