Union Home Minister and Minister of Cooperation Amit Shah has said that Prime Minister Narendra Modi firmly believes that no Minister, Chief Minister or Prime Minister can run a government while being in jail.
In an interview to a news agency, the Home Minister said that the Constitution (130th Amendment) Bill 2025 provides that if a Prime Minister, Chief Minister, or any Minister of the Union or a State is arrested on serious charges and does not get bail within 30 days, they will be relieved of their post. He clarified that if bail is granted, there will be no action under the law, and in case of a false case, courts are empowered to provide relief.
Shah underlined that the Bill will be referred to a Joint Parliamentary Committee and will require a two-thirds majority for passage. He emphasized that Parliament is meant for debate and discussion, not disruption, and said the opposition should not prevent the introduction of bills in the House.
The Home Minister said the amendment is not targeted at any political party but applies equally to Chief Ministers and Ministers across the country. He added that defining “serious crime” as offences carrying a punishment of over five years, the bill seeks to prevent those facing grave charges from running governments from jail.
Highlighting past precedents, Shah pointed out that while leaders have resigned in the past upon going to jail, a new trend has emerged where some continue to hold office despite imprisonment. He questioned whether senior officials such as Chief Secretaries and DGPs should be compelled to take instructions from leaders lodged in jail.
Shah recalled that during the 39th Constitutional Amendment, the then Prime Minister had kept the office of Prime Minister outside the ambit of law, but Prime Minister Modi has included the Prime Minister’s post under the scope of this amendment. He said this reflects the government’s commitment to high standards of morality in public life.
Reiterating that the law would strengthen democracy, Shah said courts would ensure quick decisions on bail in such cases. He also noted that in the Representation of People Act, an elected representative sentenced to two years or more loses membership, reflecting the principle of accountability.
Responding to charges of political vendetta, Shah said that he had himself resigned immediately after being summoned by the CBI in the past, and did not accept any post until his complete acquittal. He asserted that morality is not tied to electoral success or defeat but is a constant value.