HM Amit Shah Introduces Bill to Stop Jail-Time Politicians from Running Governments

Union Home Minister and Minister of Cooperation Amit Shah introduced three key bills in the Lok Sabha today: the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, the Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.

The Constitutional Amendment Bill aims to prevent individuals holding constitutional positions, including the Prime Minister, Chief Ministers, and Ministers at central and state levels, from running the government while under arrest or in jail.

Key Provisions of the Bill:

• Politicians under arrest or in jail cannot serve as Prime Minister, Chief Minister, or Minister at the central or state level.

• Accused politicians can seek bail within 30 days of arrest. Failure to secure bail within this period will lead to either removal from office by the Prime Minister or Chief Minister, or automatic disqualification on the 31st day.

• Politicians granted bail may resume their positions.

Shah said the bill is aimed at addressing declining standards of morality in public life and bringing integrity to politics. He pointed out that in recent years, some Chief Ministers and Ministers have allegedly run governments from jail without resigning.

He also criticized the opposition, claiming that while the Modi government is bringing its leaders within the ambit of the law, the opposition seeks to remain outside it and “cling to power.” Shah referred to the Emergency era, noting that the 39th Constitutional Amendment had granted special privileges to the Prime Minister, shielding them from legal action.

Addressing a personal remark made by an opposition leader, Shah said that when he was falsely implicated in a politically motivated case, he resigned before his arrest and did not assume any constitutional position until fully acquitted.

The bill will now be referred to the Joint Parliamentary Committee (JPC) for detailed discussion. Shah alleged that the opposition opposed it to protect corrupt individuals, thereby exposing themselves before the public.

Opposition Reaction:

Meanwhile, Congress president Mallikarjun Kharge strongly opposed the bill, calling it an attack on the core values of parliamentary democracy and federalism. Speaking while introducing Justice (retd) B. Sudarshan Reddy as the common opposition candidate for Vice President, Kharge accused the government of introducing the bills “at the fag end of the session, leaving no scope for meaningful debate or scrutiny.”

Kharge alleged that over the last 11 years, parliamentary majorities have been used to arm agencies like the ED, I-T, and CBI to target opposition leaders. He warned that the new bills could become instruments to undermine democratically elected governments in states and stifle opposition voices.

Highlighting Justice Reddy’s credentials, Kharge described him as a “towering figure in Indian jurisprudence” committed to justice, equality, and inclusivity, and said his nomination for Vice President represented a commitment to protecting democratic institutions.

Leader of Opposition in the Lok Sabha Rahul Gandhi also criticized the bills, saying they represented a return to “medieval times” where leaders could be removed at will. Gandhi alleged that the government could misuse agencies like the ED to target opposition politicians and remove them from office within 30 days. He also raised concerns about vote theft in Bihar, claiming the BJP intended to manipulate elections in several states.

The introduction of these bills has set the stage for a politically charged debate in Parliament, with the ruling party emphasizing accountability and the opposition warning against potential misuse and erosion of democratic safeguards.

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