In the event of Chief Ministers, Ministers, Ministers and Prime Minister, the Congress has suffered a major setback over the Bills who dismissed from the post and the Joint Parliamentary Committee (JPC) on constitutional amendments. After TMC, now the Samajwadi Party has also come out against it. The Trinamool Congress (TMC) and Samajwadi Party (SP) flatly refused to participate in this committee. The boycott of TMC was believed to be already fixed, but the SP’s decision has created a stir in the opposition camp. Now the pressure on the Congress has increased in the name of opposition solidarity. The Congress was still in favor of joining the JPC, but the SP’s attitude has started deepening the doubt within the party.

Akhilesh Yadav said- Bill’s thinking is wrong
SP President Akhilesh Yadav also strongly opposed this bill while supporting TMC. He said in a conversation with the Times of India that “The idea of ​​the bill is wrong. Who has introduced this bill i.e. Home Minister Amit Shah, he himself has said many times that false cases were imposed on him. If anyone can put a fake case on anyone, then what is the meaning of this bill?”

Akhilesh Yadav further said that this is the reason that SP leaders like Azam Khan, Ramakant Yadav and Irfan Solanki were imprisoned. He described the bills as a collision with the federal structure of India. Akhilesh said that as it happened in UP, the Chief Minister can withdraw the criminal cases registered in his states. The Center will not have any control over this because law and order is the subject of the state. The Center will be able to interfere only in those cases, which will be filed by central agencies such as CBI and ED.

TMC told JPC spectacle
The Trinamool Congress termed the JPC formed to consider the three bills who set out the outline of removing the Prime Minister and the Chief Ministers. TMC made it clear that she will not send any of her members in it.

TMC issued a statement saying that it has been opposing the 130th Amendment Bill of the Constitution since the time of introduction and believes that this JPC is just a show. Therefore, Trinamool has decided not to nominate a member in it.

Three important bills introduced

Recently, large bills were introduced in the Lok Sabha. These include:

• Union Territory Government (Amendment) Bill 2025
• Constitution (130th Amendment) Bill 2025
• Jammu and Kashmir Reorganization (Amendment) Bill 2025

These Bills have been sent to the Joint Committee of Parliament (JPC). There is a provision among the proposed bills that if the Prime Minister, Chief Minister or Minister stays in jail for 30 consecutive days on any serious charge, then the legal system of removing them from the post will be implemented.

Committee time limit
These bills were brought in the last days of the monsoon session. The opposition strongly opposed them. The committee has been instructed to submit its report to the House in the winter session. This session will probably be held in the third week of November.

Derek O’Brien’s attack
TMC leader Derek O’Brien in Rajya Sabha launched a scathing attack on the central government. He said that the Center remained in “defensive” currency throughout the monsoon session and took several measures to obstruct the proceedings.

He called the ruling alliance “weak” in his post on social media platform ‘X’. O’Brien wrote that the Modi alliance with 239 seats in the entire monsoon session was continuously defensive. He said that the Vice President was absent throughout the session and the BJP has not yet received the new national president. O’Brien further said that “vote theft scam” also came to light and under pressure, the government discovered ways to obstruct the entire session.

Samajwadi Party National President Akhilesh Yadav termed the Constitution (130th Amendment) Bill, 2025 as a sign of dictatorship. He said that this bill is an attempt to save the chair of the central government, but history is witness that such decisions have never been successful.

Akhilesh Yadav said that the dictators of the world, whether in Germany, Italy or Russia, also made such decisions to save their chair but no one could save their chair in history. This amendment has been brought against the public and to benefit corporate houses. Taking a dig at the central government, he said that this bill will harm the public interest and can become a weapon to suppress the opposition.

What is the 130th Amendment Bill of the Constitution 2025?

This bill is proposed to bring a big change in the Constitution of India. Its main provision is that if a public representative (Prime Minister, Chief Minister or Minister) is in custody for more than 30 days in serious criminal charges, then he can be removed from the post. Under this amendment, changes in Article 75, 164, and 239AA of the Constitution are proposed, which are related to the post of Prime Minister, Chief Minister, and Delhi Chief Minister respectively.

Home Minister Amit Shah, while presenting this bill in the Lok Sabha, said that it has been brought into public interest. He said that the public representatives are only for the service of the public. If they stay in jail after involving criminal cases, then they should not have the right to remain in office. The bill was introduced in the Lok Sabha today, as well as the Jammu and Kashmir Reorganization (Amendment) Bill, 2025 and Union Territory (Amendment) Bill, 2025.

Opposition to opposition

Apart from Akhilesh Yadav, other opposition parties are also opposing this amendment. AIMIM chief Asaduddin Owaisi said that this amendment can become a weapon to target opposition leaders and weaken democratic values. The Congress and other parties also expressed concern over this, described it as a step on the rights of the people.

In India, when a leader is accused of corruption or any other serious crime, questions arise from the public and the opposition whether he will continue in the post now. We all have seen many times that some leaders sit in their post despite arrest. This was seen during the time of former Delhi CM Arvind Kejriwal, when he did not resign from his post even while in jail. This not only breaks the trust of the public, but also spoils the image of democracy.

A big and historical step is being taken in Parliament to deal with such situations. A new Constitution Amendment Bill (130th Constitution Amendment Bill) has been introduced, which is aimed at that if a Prime Minister, Chief Minister or Minister is arrested in a serious crime and remains in jail for 30 days, his post will automatically go on. In such a situation, let us know what this new rule says, how will it work and what are the laws about it in other countries.

What is the new constitutional amendment bill?

The new Constitution Amendment Bill talks about changes in the Constitution of India, two essential articles, Article 75 and Article 164. Both these articles are associated with the posts and appointments of ministers of the center and states. In Article 75, a new provision will be added to Provision 5 (A) and Article 164, which will apply to the Prime Minister, Chief Minister, Union Minister and Minister of State. If a minister or Chief Minister is arrested in a crime in which he can be sentenced to 5 years or more and he remains in police custody for 30 days, then he will not hold his post from 31st day. He will be removed from the post by the President (or Governor). If the Prime Minister (or Chief Minister) himself is implicated in the charge and does not resign, then his post will automatically end.

Why is this rule important?

There are many examples in India when the leaders did not leave their post even after arrest. In such cases the image of the government is tarnished and the opposition repeatedly demands resignation. After this bill, the opposition will not have to ask for resignation and if a minister is in jail and the bell is not found, then after 30 days his post will go on its own. If a minister is arrested for committing such a crime, in which he can be sentenced to at least 5 years and remains in custody for 30 days, then he will either have to resign, or he will be considered removed from the post on the 31st day.

What is such rules in other countries?

If we compare this new rule of India to other democratic countries, then we will find that the accountability and morality of the leaders are given more importance there. There are such rules in many countries, where there is a moral pressure to resign as soon as a case is accused. For example, in Israel, Japan, Britain, South Africa, Australia, many times without court decisions, resigned on the basis of investigation. Ethics and responsibility are given great importance in these countries. Many times leaders also leave the post only because of rumors. With this, if a serious matter proves to be against the President or the Governor, then the process of impachment can begin.

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