"30 Days in Jail, Out of Office": Centre Bowls a Constitutional Googly, Can the Opposition Stop It?

The upcoming Monsoon Session of Parliament is set to witness one of its fiercest constitutional battles, with the Congress announcing strong opposition to the Centre's proposed 130th Constitutional Amendment Bill , which seeks to automatically remove ministers, chief ministers and even the Prime Minister from office if they remain in custody for 30 consecutive days in serious criminal cases.

Calling the proposal "dangerous", Congress general secretary Jairam Ramesh accused the Modi government of attempting to institutionalise political vendetta through constitutional changes. The party argues that the Bill weakens the long standing legal principle that every accused person is presumed innocent until proven guilty , particularly when investigative agencies themselves face allegations of political misuse.

Under the proposed law, any holder of constitutional office charged with offences carrying a punishment of five years or more would lose office on the 31st day of continuous custody , unless released before that deadline.

Introduced by Union Home Minister Amit Shah in August 2025 , the Bill was referred to a Joint Parliamentary Committee ( JPC) following protests from Opposition parties. Chaired by BJP MP Aparajita Sarangi , the panel is expected to submit its report on July 17 , ahead of Parliament's session beginning July 20 . Sources suggest the committee will retain the Bill's key provisions while specifying a list of "serious offences" that could trigger removal.

The proposal is part of a broader constitutional agenda that also includes the 131st Constitutional Amendment Bill to expand the Lok Sabha from 543 to 850 seats , along with a delimitation Bill linked to women's reservation . The Congress claims these measures could eventually alter India's reservation framework, a charge the government has rejected.

The ruling NDA is still believed to be more than 30 seats short of the two thirds majority needed to amend the Constitution, making every vote crucial. With Arvind Kejriwal's tenure in office while in custody still fresh in public memory, the debate is expected to extend beyond politics, raising larger questions about constitutional accountability, due process and democratic representation.