A new Indian bill targeting jailed leaders for removal from office has ignited fierce opposition protests. On Wednesday, August 20, 2025, India’s Home Minister Amit Shah tabled the Constitution (130th Amendment) Bill in the Lok Sabha, proposing automatic removal of elected leaders jailed for 30 days on serious charges, prompting outrage from opposition parties alleging misuse to target political rivals.
This bill threatens to reshape India’s political landscape by potentially enabling the central government to destabilise opposition-led state administrations, raising concerns about democratic principles and the rule of law in the world’s largest democracy.
Details of the Controversial Indian Bill
The Constitution (130th Amendment) Bill, alongside the Government of Union Territories (Amendment) Bill and the Jammu and Kashmir Reorganisation (Amendment) Bill, mandates that elected officials, including the Prime Minister, Chief Ministers, or ministers, be removed if detained for 30 consecutive days on charges carrying a minimum five-year sentence, even without conviction. The bills, introduced in New Delhi, allow reappointment upon release or acquittal, according to the Ministry of Home Affairs’ statement on X.
Opposition’s Allegations of Misuse
Opposition leaders, including Congress MP Manish Tewari and AIMIM’s Asaduddin Owaisi, condemned the Indian bill as “unconstitutional” and “anti-democratic.” Tewari argued it violates the presumption of innocence, while Owaisi warned it could enable a “police state” by targeting opposition leaders. On Tuesday, August 19, 2025, Trinamool Congress MPs tore copies of the bill in the Lok Sabha, leading to a brief scuffle, as reported by The Hindu. Critics cite past arrests of opposition figures like Arvind Kejriwal, who remained Delhi’s Chief Minister for six months in 2024 despite detention, as evidence of potential misuse.
Government’s Defence of the Bill
The ruling Bharatiya Janata Party (BJP) defends the Indian bill as a measure to curb corruption and uphold constitutional morality. Prime Minister Narendra Modi, speaking at a Bihar rally on Friday, August 22, 2025, referenced Kejriwal’s case, stating, “Some leaders run governments from jail, undermining public trust.” Home Minister Shah, who resigned as Gujarat Home Minister in 2010 before his arrest, challenged the opposition’s morality during the Lok Sabha session, per NDTV. The government insists the bill aligns with public expectations for ethical governance.
Political Context and Challenges
The bill’s introduction coincides with heightened tensions ahead of Bihar’s state elections. The BJP-led National Democratic Alliance (NDA) lacks the two-thirds majority needed for a constitutional amendment, requiring 361 votes in the 542-member Lok Sabha and 160 in the 239-member Rajya Sabha, where it holds 293 and 132 seats, respectively. Opposition parties, emboldened after the BJP’s 2024 election losses, argue the bill distracts from issues like electoral roll revisions, per Al Jazeera. Political analyst Rasheed Kidwai stated that the bill could consolidate urban votes for the BJP, though its passage remains uncertain.
Federalism and Legal Concerns
Critics argue the Indian bill disrupts India’s federal structure by empowering central agencies to influence state leadership. Congress MP Abhishek Manu Singhvi highlighted the risk of “arbitrary arrests” targeting opposition-ruled states, citing the Enforcement Directorate’s (ED) actions against 95% of opposition leaders since 2014, as per a 2023 Supreme Court petition. The Supreme Court’s recent criticism of the ED’s conduct, noted amplifies fears of misuse under the Prevention of Money Laundering Act (PMLA).
Background
India’s political system has long grappled with the criminalisation of politics, with 46% of current MPs facing criminal cases, including 31% with serious charges, per a 2023 Association for Democratic Reforms report. The Representation of the People Act disqualifies convicted leaders only with sentences exceeding two years, leaving a gap that the bill aims to address. Past cases, like Kejriwal’s 2024 detention, exposed the lack of provisions for removing jailed leaders.
What’s Next
The Indian bill has been referred to a Joint Parliamentary Committee, with a report due by the Winter Session in November 2025. Its passage depends on opposition support, which appears unlikely given the protests. Legal challenges in the Supreme Court are expected, as the bill’s impact on federalism and democratic principles fuels debate.
Published in SouthAsianDesk, August 23rd, 2025
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