ABSTRACT
This paper discusses the new amendments presented in the Lok Sabha in 2025, introduced by the Union Home Minister Amit Shah, regarding the 130thconstitutional amendment[1]. The amendment proposal aims at amending three articles of the Constitution: Article 75(at the central level), Article 164(atthe state level) and Article 239AA (at the Union Territories)[2]. One bill, named the Jammu and Kashmir Reorganisation Act, 2019, was introduced with the introduction of a subsection (5) to Section 54.[3]
The amendment particularly deals with three issues, such as arrest on charges of allegations, a custody term of 30 consecutive days and that it is only applicable to crimes that are punishable by five years or above. This paper will legally examine these provisions, including a review of their implication under the principle of presumption of innocence in the criminal jurisprudence setting, where every person is presumed innocent until proven guilty. One of the legal questions that can be raised is whether the threshold of 30 consecutive days of custody is interrupted in case of a bail secured by an accused minister. The case of bail treatment is also under discussion.
In addition, the paper also measures the extent to which the immediate removal of a Prime Minister, Chief Minister or Minister can just be based on allegations breaching the basic constitutional protection and the concept of natural justice. It puts emphasis on the fact that there is no provision if such ministers who could later beproved innocent at the end of the trial. The abuse that may occur because of false accusations that cause the removal of ministers to cause wrongful dismissal is addressed in detail, and issues of balance between law and politics are questioned. This article stresses that only custody should not result in guilt or innocence when it is the role ofthe judiciary and the law. Lastly, the article indicates the need to follow constitutional principles when it comes to political accountability, focused on due process.
Introduction
On 29 August 2025, the central level amendment proposal introduced by the Home Minister Amit Shah in the Bill No. 111 of 2025 in the Lok Sabha concerns the amendment of Article 75, and the state level amendment proposal concerns the amendment of Article 164, and the Union Territories amendment proposal concerns the amendment of Article 239AA of the Constitution of India. In Bill No. 112 of 2025, the Union minister also proposed another bill, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, by making an addition of sub-section (5) to Section 54 in the J&K Reorganisation Act, 2019. This is the proposed Lok Sabha amendment concerning the removal of the PM, CM and the ministers. Before plunging into the proposed amendment, we should simply plunge into the process of making the amendment in the Constitution of India. The amendment provision to this constitution has been borrowed from South Africa. There have been 106 amendments to our Constitution[4],which is enumerated under Article 368 of the Indian Constitution, which provides three methods of changing the Indian Constitution.Firstly, by a Simple majority whereby a majority of 50% members of both houses are attending and voting, secondly, by a Special majority which embraces a total majority of 50%of both houses and 2/3 members majority from both houses attending and voting.
[1]The Constitution (One Hundred Thirteenth Amendment) Bill, 2025, Bill No. 111(India).
[2]The Government of Union Territories (Amendment) Bill, 2025, Bill No. 113 (India).
[3]The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, Bill No. 112 (India).
[4]Amendment Acts (102 Onwards), Legislative Department, Ministry of Law & Justice, Government of India, available at, https://legislative.gov.in/document-category/amendment-acts-102-to-onwards/