New Delhi , August 20 : AIMIM Chief and Hyderabad MP Asaduddin Owaisi on Wednesday opposed the Constitution (130th Amendment) Bill, 2025, which seeks to remove a Central or State Minister facing allegations of corruption or serious offences and has been detained for at least 30 days.
In his notice to the Lok Sabha Secretary General, Owaisi raised concerns on the three bills, including a Constitution Amendment bill, a bill to amend the Union Territories Act, 1963 and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025, which will be introduced in the Lok Sabha on Wednesday.
He claimed that the bill violate the principles of federalism, double jeopardy, separation of powers, due process and undermines the right of the people to an elected government.
“This amendment would allow the executive agencies a free run to become the judge, jury and executioner. Based on a flimsy allegation and a mere suspicion, any agency would be able to proceed with detaining a Minister or Chief Minister. In a rule of law society, a person can be punished only after a trial by an independent judiciary, and only when the offence is proven beyond a reasonable doubt. In this case, on a mere accusation ‘allegation, the punishment of losing one’s ministerial post would flow. The principle of separation of powers is part of the basic structure of the constitution,” Owaisi said.
The AIMIM Chief stressed that in a parliamentary democracy, individual ministers or the Chief Minister can only be removed through two means: firstly, if the Head of the Government (Prime Minister or the Chief Minister) recommends their removal or secondly, if the Council of Ministers itself lose confidence in the legislature.
“The automatic removal of a Minister or a Chief Minister on a flimsy ‘allegation’ or detention would violate the principle of separation of powers completely. It would empower the unelected executive (bureaucrats) to play the role of the legislature,” Owaisi raised concern.
Further, the Hyderabad MP said that this amendment would leave the Ministers and Chief Ministers at the mercy of executive agencies.
“The severity of the amendment is not only in the fact that one loses their position if they are arrested, but even if they are detained. Detention is an administrative action and does not require an offence to be made. The effect of such an amendment would be that Ministers and Chief Ministers would not be able to carry out their constitutional duties for fear of reprisals and would effectively be subjugated to the investigation agencies of the Union government,” Asaduddin Owaisi said.
According to the List of Business in the Lok Sabha, Amit Shah will introduce the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, to further amend the Constitution of India and the Government of Union Territories (Amendment) Bill, 2025, apart from the bill to amend the Jammu and Kashmir Reorganisation Act, 2019, on Wednesday, in Lok Sabha. (ANI)
