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Home Politics

130th Constitution Amendment Bill: Just Fasana motive?

by Rajiv Mishra
September 15, 2025
in Politics
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130th Constitution Amendment Bill: Just Fasana motive?
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What is the political connection of the bill that rarely passed in Parliament in the current number mathematics

On August 20, the 130th Constitution Amendment Bill was introduced in the Lok Sabha by Union Home Minister Amit Shah on August 20 at the end of the end of the rainy session of Parliament, which did not even have a buzz. Not only this, it is also said that the Lok Sabha Secretariat was not aware of it till its earlier evening. The opposition also got his copies on the last occasion. Then, in his Majmoon, it is decided that he should be sent to the Joint Parliamentary Committee of both houses for review. In such a situation, the question arose that what can be the political purpose to introduce the bill on this occasion and time and why it is related to the current political situation. The leaders of the opposition India Block questioned the intention of its government side and called it a tool to destabilize the opposition -ruled states and increase pressure on the regional parties.

In fact, the bill proposes that the Prime Minister, Union Minister, Chief Minister or state ministers can be detained in such a criminal case, which can be punished five years or more and they cannot get bail within 30 days. In such a situation, they will have to leave the post. There is also a provision that if bail is obtained, then the post can be found again, provided the President, Governor or Lieutenant Governor’s consent. This proposal is a change in the constitutional system, because till now there is a system of withdrawing from the post only if it is convicted. Including the post of minister is also under the Council of Ministers. For this, it is proposed to amend Articles 75, 164 and 239A of the Constitution. The opposition is calling it unconstitutional due to the reverse of the constitutional system.

However, the bill cannot pass in the current number force of Parliament, provided the political equations do not change. The Constitution Amendment Bill is required to pass by a two-thirds majority in both Lok Sabha and Rajya Sabha. Then approval in at least 15 assemblies is also necessary. At present, the ruling NDA does not have a two -thirds majority in neither Lok Sabha nor Rajya Sabha. In addition, it may also have to go through judicial review due to a change in the basic principle of the Constitution. In this way, perhaps it may also remain as a proposal just like the 129th Constitution Amendment Bill, which mentions a nation, one election.

But the political meaning of bringing it on this occasion also became clear immediately. At the rally in Gaya of Bihar, Prime Minister Narendra Modi said that the government wants to be strict against corruption, but the opposition has objections in it. Amit Shah also said at a rally, “Should the government be run from jail.” He was referring to former Delhi Chief Minister Arvind Kejriwal, who kept running the government from jail for several months and resigned only after being released on bail. Similarly, despite the arrest of Minister Senthil Balaji in Tamil Nadu, Chief Minister M.K. Stalin did not remove them. The Home Minister also cited these cases in Parliament. However, Jharkhand Chief Minister Hemant Soren resigned. In these cases, the courts had reprimanded the ED for not even the primary evidence for sanctioning bail.

In fact, the doubts of the opposition against this legislature are also due to the fact that in the last ten years, in about 5,900 cases of ED and Sibi, only 8 faults were proved. Opposition leaders were sentenced in only two in more than 950 cases. Recently, the court closed the case against former Delhi Health Minister Satyendra Jain due to lack of evidence, while he had to spend two and a half years in Tihar Jail in Delhi. Therefore, Shiv Sena (UBT) leader Sanjay Raut says that if this law is made, then a police station will arrest on any complaint. According to him, “Where the BJP cannot win the election with vote theft, the government is planning to loot with such a law.”

All political parties of the opposition, especially the India Block are against such that when Amit Shah was presenting it in the Lok Sabha, it was also torn from the opposition benches and touched them towards them. The Trinamool Congress has announced not to join the Joint Parliamentary Committee to review it. Its Rajya Sabha member Derek O’Brien said that the review of the unconstitutional bill is nothing but drama.

It is possible that through this, a political purpose of the ruling BJP and NDA is to surround the opposition on the issue of corruption, as the opposition is raising allegations of “vote theft” in their voter rights journey regarding SIR in Bihar. The ruling coalition probably finds the issue of corruption to cut the opposition’s allegations of winning the election through disturbances in the voter list. However, Congress MP Venugopal also alleges that through this MLA, BJP is trying to scare its allies, Janata Dal (United) and Telugu Desam, who are angry on many issues. It is certain that it is part of the political game.

Tags: 130th Constitutional Amendment Billamit shahBJP governmentPolitics

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