Kapil Sibal: Bill to Remove Ministers in Custody ‘Can Never Be Passed’
New Delhi | Desk: Rajya Sabha MP Kapil Sibal has said that the bill providing for the removal of central and state ministers from their posts will not be passed.
Kapil Sibal said, “This bill can never be passed because it is a constitutional amendment and requires a two-thirds majority. At present, the NDA has 293 votes, while 363 votes are needed for a two-thirds majority.”
Union Home Minister Amit Shah on August 20 introduced the 130th Constitutional Amendment Bill, 2025 in the Lok Sabha, which was strongly opposed by opposition MPs.
The bill provides that central and state ministers who are taken into custody or arrested in cases of corruption or serious crimes for at least 30 days will be removed from their posts.
It is noteworthy that on Wednesday, Union Home Minister Amit Shah introduced the 130th Constitutional Amendment Bill, 2025 in the Lok Sabha. It states that if the Prime Minister, Chief Minister, or any minister remains in custody for 30 consecutive days, they will be removed from office on the 31st day.
The opposition argues that this law could be misused.
Congress MP Rahul Gandhi compared this bill to a medieval system. He said it was a step against democracy.
Rahul Gandhi said, “There is a lot of noise around the new bill being brought by the BJP. We are going back to the medieval era, when the king could remove anyone at will. The concept of an elected representative no longer remains. If someone’s face is not liked, get them arrested by the ED, and within 30 days, a democratically elected person is removed from office.”
Meanwhile, DMK President and Tamil Nadu Chief Minister M.K. Stalin called the bill a direct attack on democracy.
Stalin said, “The 130th Constitutional Amendment is not a reform; it is a black day and a black law. Thirty days of custody means removing an elected Chief Minister-without trial, without conviction-only at the whim of the BJP. This is how dictatorship begins: stealing votes, silencing the opposition, and crushing states.”
Stalin further said that he strongly condemns this bill. “I appeal to all democratic forces to unite against this attempt, which is a conspiracy to turn India from a democracy into a dictatorship.”
On the other hand, Union Home Minister Amit Shah emphasized the objective of the bill. In a post on X, he said that its purpose is to “bring purity into politics” and “correct the declining moral values in public life.”
He wrote, “In view of the Modi government’s commitment against political corruption and the public’s outrage, today I introduced in Parliament, with the consent of the Speaker, a constitutional amendment bill to ensure that important constitutional positions such as the Prime Minister, Chief Minister, and central and state government ministers cannot run the government while in jail.”
