New Delhi: Union Home Minister Amit Shah has strongly defended the Constitution (130th Amendment) Bill and criticised Opposition protests against it, saying both he and the BJP “completely reject” the notion that the country can be governed by leaders from jail.
Shah, who introduced the bill in the recently concluded Monsoon Session of Parliament, questioned: “Can a Prime Minister, Chief Minister, or any leader run the country from jail? Does this suit the dignity of our democracy?”
The proposed amendment states that the Prime Minister, Chief Ministers, or Ministers—if jailed for more than 30 days in cases carrying a minimum sentence of five years—must step down. If they refuse to resign, they can be removed by law. Shah stressed that this does not affect a party’s majority, as governance can continue under another leader until the jailed leader is released.
He also underlined that Prime Minister Narendra Modi himself insisted on bringing the PM’s office under the scope of the bill, contrasting it with former Prime Minister Indira Gandhi’s 39th Amendment which shielded top offices from judicial review.
Responding to Opposition claims that the law is “unconstitutional” and aimed at destabilising non-BJP governments, Shah said: “Protest is allowed, but not preventing the presentation of a constitutional amendment in Parliament. Both Houses are meant for discussion, not disruption.” He reiterated that the bill would go to a Joint Parliamentary Committee for wider consultation and requires a two-thirds majority to pass.
Citing past instances, Shah accused Opposition parties of hypocrisy. He referred to AAP leader Arvind Kejriwal, who remained Delhi CM despite being jailed, and to the UPA government’s 2013 ordinance that sought to protect convicted lawmakers—an ordinance Rahul Gandhi publicly opposed at the time. Shah said it was ironic that Congress, which once rejected such measures, now allies with convicted leaders like Lalu Prasad Yadav in Bihar.
A Joint Committee of MPs from both Houses, to be appointed by the Lok Sabha Speaker and Rajya Sabha Chairperson, will examine the 130th Amendment Bill.
