Key Points

Union Home Minister Amit Shah has introduced a constitutional amendment that would prevent jailed prime ministers, chief ministers, and ministers from governing. The bill, which has been sent to a Joint Parliamentary Committee, requires accused politicians to obtain bail within 30 days or face automatic removal from office. Opposition leaders strongly protested the move, calling it an unconstitutional violation of separation of powers. Shah defended the bill as necessary to restore morality in public life, citing his own resignation during his Gujarat arrest as an example.

Key Points: Amit Shah Says Nation Must Decide on Jailed Leaders Running Government

  • Bill bars jailed PMs and CMs from governing to restore political morality
  • Accused politicians get 30 days to seek bail before automatic removal
  • Opposition calls bill unconstitutional and a violation of separation of powers
  • Amit Shah cites personal resignation during Gujarat arrest as moral precedent
4 min read

Country will have to decide whether it's appropriate: HM Shah after Constitution Amendment Bill sent to JPC

Amit Shah introduces constitutional amendment barring jailed PMs, CMs from governing. Bill sent to JPC amid opposition protests over political morality and separation of powers.

"Now, the people of the country will have to decide whether it is appropriate for a minister, Chief Minister, or Prime Minister to run the government while in jail. - Amit Shah"

New Delhi, August 20

Union Home Minister Amit Shah on Wednesday called on the nation to decide whether it is appropriate for a minister, Chief Minister, or Prime Minister to run the government while they are in jail after Constitutional Amendment Bill introduced in Lok Sabha and sent to the Joint Committee of Parliament.

The Union Minister said that the move reflected the Prime Minister Narendra Modi government's commitment against political corruption in the country and respond to the public's outrage.

The remarks came soon after the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025; the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025' were referred to the JPC after Union Home Minister Amit Shah introduced them in the Lok Sabha today.

In a post on X, Shah said, "Now, the people of the country will have to decide whether it is appropriate for a minister, Chief Minister, or Prime Minister to run the government while in jail. Seeing the Modi government's commitment against political corruption in the country and the public's outrage, today I introduced a Constitutional Amendment Bill in Parliament with the consent of the Lok Sabha Speaker, which ensures that important constitutional posts such as Prime Minister, Chief Minister, and ministers of the central and state governments cannot run the government while in jail."

https://x.com/AmitShah/status/1958139058451886238

The Home Minister explained that the bill was aimed at restoring morality in public life and bringing integrity to politics.

Shah in a post on X said that the purpose of this bill is to elevate the declining level of morality in public life and bring integrity to politics. The law that will come into existence through these three bills is as follows:

"(1) No person, while arrested and in jail, can govern as Prime Minister, Chief Minister, or a minister of the central or state government. (2) When the Constitution was framed, our Constitution makers could not have imagined that in the future, there would be political figures who would not resign on moral grounds before being arrested. In recent years, an astonishing situation has arisen in the country where Chief Ministers or ministers have continued to run the government immorally from jail without resigning. (3) This bill also includes a provision that allows an accused politician to seek bail from the court within 30 days of arrest. If they fail to obtain bail within 30 days, on the 31st day, either the Prime Minister at the center or the Chief Ministers in the states will remove them from their posts, or they will automatically become legally ineligible to perform their duties. If such a leader is granted bail after the legal process, they can resume their position," the Union Minister further wrote.

Earlier in the day, several Opposition MPs opposed the bills amid huge sloganeering, prompting the Lok Sabha Speaker Om Birla to adjourn the House till 3 pm.

Opposing the Bills, AIMIM MP Asaduddin Owaisi said, "I stand to oppose the introduction of the Jammu and Kashmir Reorganisation (Amendment) Bill 2025, the Government of Union Territories (Amendment) Bill 2025, and the Constitution (One Hundred and Thirtieth Amendment) Bill 2025. This violates the principle of separation of powers and undermines the right of the people to elect a government. It gives executive agencies a free hand to act as judge and executioner based on flimsy allegations and suspicions."

Congress MP KC Venugopal and Home Minister Amit Shah engaged in a verbal spat over the "morality" regarding the bills.

Venugopal said, "This bill is meant to sabotage the basic principles of the Constitution. BJP members are saying that this bill is to bring morality into politics. Can I ask the Home Minister a question? When he was the Home Minister of Gujarat, he was arrested -- did he uphold morality at that time?"

Replying to Venugopal, Shah recalled that false allegations were made against him."Before I was arrested, I resigned on moral grounds, and until I was declared innocent by the court, I did not accept any constitutional position," he said.

Amit Shah further requested the Speaker to refer the three Bills to a Joint Committee of the Houses consisting of 21 Members of the Lok Sabha to be nominated by the Speaker and 10 Members of the Rajya Sabha to be nominated by the Deputy Chairman.

- ANI

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Reader Comments

P
Priya S
Good step but implementation matters. Will this be applied equally to all parties? Or will it become another tool for political targeting? Need to see the final bill details.
A
Aman W
About time! Some politicians think they're above the law. Running government from jail is a joke on democracy. This bill should have come years ago.
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Sarah B
While the intention seems good, I'm concerned about misuse. What if opposition leaders are arrested on false charges just before important votes? The 30-day bail provision needs stronger safeguards.
V
Vikram M
This is exactly what India needs! No more corrupt netas thinking they can rule from behind bars. Modi ji is cleaning up the system step by step. 🇮🇳
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Nisha Z
The principle is right but the timing seems political. Why now? And why bundle it with J&K bills? Makes it look like there's an agenda beyond just morality in politics.
K
Karthik V
Finally some accountability! If common people can't work from jail, why should politicians? This is basic ethics that should have been there since independence.

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