On 20th August, Constitution (130th) Amendment Bill that ensures prime ministers, chief ministers, and ministers at both central and state levels cannot continue to hold office while in jail was sent to Joint Parliamentary Committee. In a series of posts on social media platform X, Union Minister Amit Shah asserted that the Modi government is committed to ending political corruption and upholding public morality.
Purpose of the bill
In his posts, Shah explained the rationale behind the bill and said that it was designed to address the decline in ethical standards in public life. He noted that while the Constitution’s framers never imagined such a scenario, recent years have witnessed “astonishing situations” where chief ministers and ministers have refused to resign even while running governments from jail.
देश में राजनीतिक भ्रष्टाचार के विरुद्ध मोदी सरकार की प्रतिबद्धता और जनता के आक्रोश को देख कर आज मैंने संसद में लोकसभा अध्यक्ष जी की सहमति से संवैधानिक संशोधन बिल पेश किया, जिससे महत्त्वपूर्ण संवैधानिक पद, जैसे प्रधानमंत्री, मुख्यमंत्री, केंद्र और राज्य सरकार के मंत्री जेल में…
— Amit Shah (@AmitShah) August 20, 2025
He noted that the law has three key provisions. First, no one arrested and imprisoned will be allowed to govern as prime minister, chief minister, or minister. Second, those arrested will have 30 days to secure bail from the courts. If they fail to do so, on the 31st day, they will automatically lose their constitutional office unless formally removed earlier. Third, if they are later granted bail through due legal process, they may return to office.
Prompted by Kejriwal’s case and Supreme Court concerns
The legislation emerges amid growing judicial and political debate over whether incarcerated leaders can effectively govern. In 2024, the Supreme Court of India, in hearing Arvind Kejriwal’s bail plea, raised the critical question of whether the Delhi Chief Minister could continue to discharge constitutional duties while in jail.
The court considered whether special provisions might allow him to sign government files or conduct official business from custody. In case this bill was in force during his six-month stint in jail, he would have automatically lost his office for remaining in detention beyond the stipulated period.
BJP vs Congress legacy
In a sharp attack on the opposition, Shah contrasted the Modi government’s position with Congress’s past record. He recalled how Indira Gandhi, through the 39th constitutional amendment, granted herself immunity from legal proceedings. He said, “Congress made prime ministers above the law, whereas we are bringing our own prime minister, ministers, and chief ministers under the ambit of law.”
एक ओर प्रधानमंत्री श्री @narendramodi जी ने अपने आप को कानून के दायरे में लाने का संविधान संशोधन पेश किया है और दूसरी ओर कानून के दायरे से बाहर रहने, जेल से सरकारें चलाने और कुर्सी का मोह न छोड़ने के लिए काँग्रेस के नेतृत्व में पूरे विपक्ष ने इसका विरोध किया है।
— Amit Shah (@AmitShah) August 20, 2025
देश को वह समय भी…
He further accused the Congress-led opposition of resisting the bill only to protect leaders who cling to power despite being in jail. He said the ruling party and its allies stood for probity in politics. HM Shah cited the example of LK Advani who had resigned merely on allegations, whereas Congress leaders institutionalised the practice of shielding convicted or accused politicians.
Personal reference and political vendetta
In one of his posts, HM Shah also referred to his own past, when he was arrested in a false case. He said, “I had resigned even before being arrested, and after being granted bail, I did not return to any constitutional post until the court declared me innocent,” while recalling that the case was dismissed as politically motivated.
आज सदन में काँग्रेस के एक नेता ने मेरे बारे में व्यक्तिगत टिप्पणी भी की, कि जब काँग्रेस ने मुझे पूरी तरह से फर्जी केस में फँसाया और गिरफ़्तार कराया, तब मैंने इस्तीफा नहीं दिया।
— Amit Shah (@AmitShah) August 20, 2025
मैं काँग्रेस को याद दिलाना चाहता हूँ कि मैंने अरेस्ट होने से पहले ही इस्तीफा दे दिया था और बेल पर बाहर…
Opposition unity questioned
HM Shah criticised the behaviour of the opposition in Parliament and said they had “shed all shame” in blocking a bill intended to bring integrity into politics. He accused Congress and the I.N.D.I Alliance of standing by corruption and pointed out how the party had once brought an ordinance to protect Lalu Prasad Yadav, which Rahul Gandhi theatrically opposed at that time. “Today the same Rahul Gandhi is embracing Lalu Yadav on stage,” Shah said, calling it a display of double standards.
He further clarified that the bill will now be examined by a Joint Parliamentary Committee for detailed discussion. He said it was now up to the people to decide whether it was right for a jailed leader to continue running a government from prison.
