The North New
New Delhi, August 25
Home Minister Amit Shah has said that Prime Minister Narendra Modi has ensured that even the Prime Minister would fall under the scope of the proposed Constitution (130th Amendment) Bill 2025, which requires leaders to vacate office if jailed on serious charges. Speaking in an interview with a news agency on Monday, Amit Shah contrasted Modi’s move with the 39th Constitutional Amendment introduced under Indira Gandhi, which had exempted the Prime Minister, President and Vice President from legal scrutiny. He said the new amendment mandates that if the Prime Minister, a chief minister or any minister is arrested and fails to secure bail within 30 days, they would automatically be relieved of their post. If bail is later granted, they may return to office.
Amit Shah said the amendment would ensure speedy court decisions, arguing that the judiciary recognises the gravity of such cases. “No minister, Chief Minister or Prime Minister can run a government from jail,” he said, adding that allowing such a situation would damage democracy. He confirmed that the amendment will be referred to a Joint Parliamentary Committee and would need a two-thirds majority to pass. Amit Shah criticised the opposition for trying to prevent the bill from being presented in parliament, calling the move undemocratic. “Parliament is for debate and discussion, not noise and uproar,” he said.
The Home Minister emphasised that the amendment is not aimed at the opposition alone, as it applies equally to all ministers, including those in government. He added that false cases would be addressed through courts, which can grant bail within the 30-day window.
Defining serious crime as offences carrying a punishment of more than five years, Amit Shah argued that it is morally unacceptable for leaders accused of corruption or grave crimes to govern from prison. He pointed to existing provisions in the Representation of the People Act, which disqualify elected representatives sentenced to two years or more.
“This law will strengthen the moral values of our democracy,” Amit Shah said, noting that while many leaders in the past resigned when jailed, some in recent years have continued in office despite imprisonment.
