Union Home Minister Amit Shah slammed the Opposition for their fierce criticism of the Constitution (130th Amendment) Bill, 2025, saying that they are trying to pave way for forming the government even from jail.
"... Even today, they are trying that if they ever go to jail, they will easily form the government from jail," Shah told news agency ANI in an interview.
The Home Minister further said, "The jail will be made CM House, PM House and the DGP, Chief Secretary, Cabinet Secretary or Home Secretary will take orders from the jail."
The bill proposes the automatic removal of the Prime Minister, Chief Ministers, and Ministers if they are arrested and detained for 30 consecutive days on charges punishable by five years or more imprisonment.
The bill has been referred to a JPC for detailed scrutiny, comprising 31 members from both houses of Parliament. The committee will examine the bill and provide recommendations before it is put to vote.
Speaking to ANI, Amit Shah defended the bill, stating it's aimed at upholding "constitutional morality" and public trust, emphasising that the bill would apply equally to all leaders, including those from the ruling party.
"I am sure it will be passed. There will be many people in the Congress party and in the opposition who will support morality and maintain the moral ground...," he said.
"The Prime Minister himself has included the post of PM in this... Earlier, Indira Gandhi had brought the 39th amendment (of protecting the President, VP, PM, and Speaker from judicial review by Indian courts)... Narendra Modi ji has brought a constitutional amendment against himself that if the Prime Minister goes to jail, he will have to resign...," said Union HM Amit Shah on the 130th Amendment Bill.
Shah introduced the Constitution (130th Amendment) Bill, 2025, which aims to remove the Prime Minister, Chief Ministers, and Ministers from office if they are arrested and detained for 30 consecutive days on charges punishable with imprisonment of five years or more.
The bill has sparked intense debate, with the opposition alleging political motives to destabilise non-BJP governments.
Amit Shah dismissed the Opposition's claim that the government could pressure courts to delay bail under the 130th Amendment Bill.
"...Our court also understands the seriousness of the law. When one has to resign after 30 days, then before that the Court will decide whether the person should get bail or not. When the case went to the High Court, it was argued that Arvind Kejriwal should resign because he is in jail. The High Court said that we believe that he should resign on moral grounds but there is no provision in the current law. My party believes, the Prime Minister of the country believes that no CM, Minister or PM in this country cannot run the government while being in jail...When the constitution was made, the constitution makers would not have imagined such shamelessness that any CM would go to jail and remain the CM from jail... " said Union HM Amit Shah on the 130th Amendment Bill.
Responding to the Opposition's criticism, Shah clarified that the bill does not target any particular party or leader and insisted that the courts will act as a check against any misuse.
"Anyone can go to court and ask for an order to file an FIR. During the UPA government, numerous investigations were initiated at the court's behest. I can name at least 12 cases where the court directed the CBI to investigate," he said.
When asked about Aam Aadmi Party convenor Arvind Kejriwal, Shah pointed out that he had received bail within 30 days.
"He got the bail (within 30 days), and I believe he should have given his resignation at that time. He even handed in his resignation when people opposed him. Now, he will have to give his resignation lawfully," he said.
Shah also clarified that the bill offers fairness, allowing any leader who secures bail, even after 30 days, to take the oath and return to office.
"They can take an oath after getting bail. Our main point is that no one can run the government from jail. If they get bail within 40 days, they can retake the oath. This should give them confidence that once they get bail, they can return to their position," Shah said.
On the TMC's boycott of the Joint Parliamentary Committee (JPC), Shah said the government has given them a fair chance to participate.
"What can we do? We are asking them to join and participate. It's not right to reject the rules of Parliament and then expect everything to happen on your terms. The government is giving them a chance, but if they don't accept it, there's nothing more we can do. If they refuse to join the JPC, what can we do?" he added.
He stressed that the JPC is important and should reflect the views of all parties.
"This is an important bill, and every party's opinion should be heard in the JPC. If the Opposition doesn't support the bill for the next four years, will the country stop working? That won't happen. We are only allowing them to share their views, and if they choose not to, the public is watching," Shah said.
With inputs from ANI
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