New Delhi, Jan 08, 2026 – Legal experts representing the Law Commission of India, National Law University (NLU), Delhi, and NALSAR University of Law, Hyderabad, on Wednesday gave their in-principle approval to the Constitution (130th Amendment) Bill, 2025, which seeks to remove ministers—including the Prime Minister or chief ministers—if they are detained for 30 consecutive days.

The experts presented their views before a Joint Parliamentary Committee (JPC), which is currently reviewing three significant legislative proposals:

1. Constitution (130th Amendment) Bill, 2025 – removal of ministers detained for 30 consecutive days for offences carrying jail terms of five years or more.
2. Jammu & Kashmir Reorganisation (Amendment) Bill, 2025
3. Government of Union Territories (Amendment) Bill, 2025

Key Concerns Raised

While approving the amendment in principle, both the legal experts and several lawmakers sought clarifications on critical aspects of the proposed legislation. Among the issues flagged:

• Discrepancy Between Ministers and Legislators: Some lawmakers highlighted that under the current law, MPs or MLAs who are arrested do not automatically lose their legislative membership, yet the proposed bill mandates that a minister lose office if detained for 30 days. The panel discussed whether this could create unequal treatmentamong elected representatives.
• Definition of “Heinous Crime”: Lawmakers questioned the lack of clarity in defining what constitutes a “heinous crime” under the bill. The panel also raised the issue of habitual offenders who may not be booked for an offence punishable by five years or more but whose conduct could merit removal from office.
• Potential Political Implications: The meeting also explored constitutional concerns, such as scenarios where a ruling party refuses to appoint a substitute chief minister and challenges the law, raising questions about the practical enforceability of the amendment.
• Inclusion of Opposition Parties: NCP(SP) MP Supriya Sule suggested that opposition parties that boycotted the panel be invited for depositions to ensure broader consultation.

Parliamentary Committee Deliberations

The 31-member JPC, headed by BJP MP Aparajita Sarangi, comprises 21 members from the Lok Sabha and 10 from the Rajya Sabha. During the three-hour meeting on Wednesday, the panel engaged extensively with the experts and lawmakers, raising questions and seeking clarifications on both legal and practical aspects of the bills.

Four eminent legal experts presented their insights:

• Justice (Retd.) Dinesh Maheshwari, Chairperson, Law Commission of India
• Anju Rathi Rana, Member-Secretary, Law Commission
• GS Bajpai, Vice Chancellor, NLU Delhi
• Sri Krishna Deva Rao, Vice Chancellor, NALSAR University of Law

The committee requested the experts to submit detailed written views, which will inform the next stage of deliberations. The JPC is scheduled to reconvene on January 22, 2026, to continue discussions.

“The meeting lasted about three hours, and all MPs and members effectively expressed their views and asked their questions. After this, we will meet again in 15 days,” said JPC chair Aparajita Sarangi.

The discussions mark a crucial step in refining the Constitution (130th Amendment) Bill and ensuring that it balances the need to uphold integrity in public office with constitutional safeguards for elected representatives.