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Shah Defends 130th Amendment to Unseat Jailed PMs and CMs as Opposition Calls It Unconstitutional

The proposals are now with a Joint Parliamentary Committee for scrutiny following protests, with several opposition parties boycotting participation.

AIMIM chief Asaduddin Owaisi talks to the media as he leaves after attending an all-party meeting over Operation Sindoor, in Delhi.
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Union home minister Amit Shah (ANI)

Overview

  • Union Home Minister Amit Shah, in media interviews, said the plan enforces moral accountability, applies to all including the Prime Minister, and relies on courts to prevent misuse.
  • The draft constitutional change would remove a prime minister, chief ministers or ministers who remain in custody for 30 consecutive days in cases carrying potential sentences of five years or more.
  • BJP officials framed the move as strengthening good governance and equality, contrasting it with rules that suspend government employees after brief jail time.
  • Opposition figures including Asaduddin Owaisi, Arvind Kejriwal and Kapil Sibal argued the measures violate separation of powers, threaten federal autonomy and could be weaponised by central agencies.
  • Senior lawyer Mukul Rohatgi backed the proposal, saying potential misuse does not invalidate a law and suggesting the 30‑day threshold could accelerate court decisions on bail.