Union Home Minister Amit Shah on Monday hit out at the Opposition's criticism of the Constitution (130th Amendment) Bill, 2025, saying Prime Minister Narendra Modi has included himself in the proposed law to sack jailed ministers.
"The Prime Minister himself has included the post of PM in this. Earlier, Indira Gandhi had introduced the 39th Amendment (protecting the President, Vice President, Prime Minister, and Speaker from judicial review by Indian courts). PM Modi has brought a constitutional amendment against himself that if the Prime Minister goes to jail, he will have to resign," Mr Shah told news agency ANI.
The Centre introduced three bills last week - the Government of Union Territories (Amendment) Bill, 2025, the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025. Together, the bills propose that if the Prime Minister, any Union minister, or a state Chief Minister is arrested and detained in custody for at least 30 days in relation to an offence carrying a minimum five-year jail term, the person will automatically lose office on the 31st day.
The Opposition, however, is protesting the bill, alleging political motives to destabilise non-BJP governments.
Mr Shah lashed out at the 'black bill' protests, saying he and the BJP "completely reject" the idea that the country "cannot be governed without the person" who has been jailed.
"I want to ask the entire nation and the Opposition - Can a Chief Minister, Prime Minister, or any leader run the country from jail? Does that suit the dignity of our democracy? Even today, they are trying that if they ever have to go to jail, they will easily form the government from jail. The jail will be made Chief Minister's House, Prime Minister's House, and the DGP, Chief Secretary, Cabinet Secretary, or Home Secretary will take orders from the jail. My party and I completely reject the idea that this country cannot be governed without the person who is sitting there," he said.
The Home Minister added, "This will not affect anyone's majority in the Parliament or the Assembly. One member will go, other members of the party will run the government, and when they get bail, they can come and take the oath again. What is the objection to this?"
Mr Shah also called out the Opposition's protests and sloganeering in Parliament during the tabling of the bill.
"Let me make it clear, when an elected government brings a constitutional amendment in Parliament, protest is allowed. I've already said that this amendment will be sent to a joint committee of both Houses. Everyone can share their opinion there, and during voting, you can express your views. Since this is a constitutional amendment, it requires a two-thirds majority. But is it appropriate in a democracy that the bill is not even allowed to be presented in Parliament? Are both Houses meant for discussion or just noise and disruption?" he said.
