NEW DELHI: The Congress on Sunday said it would strongly oppose in Parliament the proposed Constitution (130th Amendment) Bill, which seeks the automatic removal of the prime minister, chief ministers and ministers who remain in judicial custody for 30 consecutive days in cases involving serious criminal offences. The party also expressed confidence that the BJP-led government would not be able to secure the two-thirds majority required to pass the constitutional amendment.
The opposition’s stand comes ahead of the Monsoon Session of Parliament, beginning on July 20, with a Joint Parliamentary Committee (JPC) expected to adopt its report on July 17 on a set of Bills aimed at addressing the criminalisation of politics. The committee’s report is likely to be tabled in the Lok Sabha during the session. If cleared by the Union Cabinet, the proposed legislations could be introduced in Parliament.
Congress general secretary in charge of communications Jairam Ramesh alleged that the proposed amendment was designed to facilitate the “political harassment” of opposition leaders and described it as a threat to democratic principles.
Ramesh has reportedly said the Congress would oppose the Constitution (130th Amendment) Bill, which was introduced in August 2025 before being referred to the JPC. Most opposition parties had boycotted the panel's proceedings.
Under the proposed legislation, any minister who remains in jail for 30 consecutive days in connection with a criminal offence carrying a punishment of more than five years would automatically cease to hold office on the 31st day.
Calling the provision “extraordinary”, Ramesh argued that it undermined the legal principle that every individual is presumed innocent until proven guilty. “Judicial proceedings may still be underway. In India, a person is presumed innocent until proven guilty. We have also seen how investigative agencies have functioned under the Modi government,” he said, alleging that the proposal was driven by “political vendetta” and intended to target political adversaries.
Ramesh also claimed the government could attempt to reintroduce the Bill during the Monsoon Session, but maintained that it lacked the numbers required for its passage. He further said the Congress would oppose the proposed constitutional amendment linked to delimitation for implementing women's reservation, asserting that the government had already failed to secure the required support for a similar constitutional amendment.
Alleging that the BJP had sought to engineer splits in opposition parties, Ramesh referred to developments involving the Trinamool Congress and Shiv Sena (UBT), describing them as setbacks for the opposition while insisting that opposition unity remained intact.
Meanwhile, sources are reported to have said the JPC, chaired by BJP MP Aparajita Sarangi, is expected to adopt reports on the Constitution (130th Amendment) Bill, the Jammu and Kashmir Reorganisation (Amendment) Bill and the Government of Union Territories (Amendment) Bill at its meeting on July 17.
The committee consulted constitutional experts, retired judges, legal professionals, government officials and political leaders before finalising its recommendations. Sarangi had earlier said there was broad agreement within the panel on the need to address the criminalisation of politics.
However, several opposition parties stayed away from the committee's deliberations, arguing that the proposed legislations violate the fundamental legal principle of presumption of innocence by providing for the automatic removal of elected executives solely on the basis of prolonged custody before conviction.
The opposition has also alleged that the Bills could be used to destabilise governments in states ruled by parties outside the BJP-led National Democratic Alliance, raising concerns over the potential misuse of investigative agencies and the erosion of constitutional safeguards.