The introduction of the Constitution (130th Amendment) Bill, 2025, alongside the Government of Union Territories (Amendment) Bill and the Jammu and Kashmir Reorganisation (Amendment) Bill, marks a pivotal moment in India’s fight against the criminalization of politics. Proposed by Union Home Minister Amit Shah, these bills aim to ensure that no elected official—be it a Prime Minister, Chief Minister, or Minister—can govern from behind bars. If detained for 30 consecutive days on charges carrying a minimum five-year sentence, they must vacate their office. This bold legislative move, though delayed to the next parliamentary session, is a long-overdue step toward restoring constitutional morality and public trust in governance.
India’s democratic ethos demands that those entrusted with public office uphold the highest standards of integrity. Yet, the absence of clear constitutional provisions has allowed leaders like Arvind Kejriwal and V. Senthil Balaji to cling to power despite prolonged incarceration, creating governance anomalies that undermine public faith. Kejriwal’s refusal to resign as Delhi’s Chief Minister while jailed for over five months in 2024 exposed a glaring legal loophole. Such instances are not just administrative embarrassments but erode the principles of accountability and ethical leadership.
Critics, particularly from the Opposition, argue that the bills risk misuse by central agencies to destabilize non-BJP state governments, branding them “draconian” and “unconstitutional.” Their concerns about potential abuse are not entirely baseless, given past accusations of central agencies targeting opposition leaders. However, these fears must not paralyze efforts to address a systemic flaw. The bills, if passed with robust safeguards, could deter the exploitation of power by ensuring that serious allegations lead to temporary removal, not permanent disqualification, as individuals can resume office post-release.
The delay in advancing these bills to the next session is indeed unfortunate. Swift passage, coupled with transparent mechanisms to prevent misuse, is critical to ensuring that India’s democracy is not held hostage by those facing serious criminal charges. A civilized Hindustan deserves leaders who govern from offices, not jail cells.
