A joint committee of Parliament examining the 130th Constitution Amendment Bill has recommended that the prime minister, Union ministers, and chief ministers be suspended rather than permanently removed from their posts if they are detained for 30 consecutive days on serious criminal charges. The panel also proposed an automatic reversal clause, ensuring suspension ends if the individual is acquitted or prosecution does not proceed within a specified period.
Key Recommendations of the Joint Committee
The committee made two specific and three general recommendations. It proposed replacing the term “removal” with “suspension” in the Bill, meaning ministers facing specified criminal charges should be suspended pending the outcome of legal proceedings, not permanently removed. The panel defined “serious criminal offences” as those punishable by imprisonment of five years or more.
Additionally, the panel recommended introducing a sunset or automatic reversal clause. Under this, suspension would automatically end if the minister is acquitted or if the prosecution fails to proceed within a set timeframe. This safeguard ensures reappointment and prevents permanent suspension for those found not guilty by courts.
Background of the Bill
Introduced in August 2025, the 130th Constitution Amendment Bill seeks to automatically remove the prime minister, ministers, or chief ministers on the 31st day of their detention if they do not resign voluntarily. The Opposition had criticized the Bill as a tool to destabilize their governments, leading most Opposition parties to opt out of the joint committee.
Fast-Track Courts for High-Level Functionaries
The joint committee also recommended that cases involving high-level constitutional functionaries be tried in fast-track or special courts, in line with Supreme Court directives. This aims to expedite legal proceedings and ensure timely justice.
The panel further suggested that the proposed law include a separate schedule listing offences punishable by five years or more imprisonment to clearly identify which offences would trigger suspension.
Next Steps
If the recommendations are accepted, the Ministry of Home Affairs will approach the Union Cabinet with proposed amendments and later introduce official amendments in the Lok Sabha. The Bill was introduced to prevent governments from being run from jail, according to its proponents.
