Constitution (130th Amendment) Bill, 2025
Articles 75, 164, and 239AA
The Bill proposes amendments to three constitutional provisions governing the Council of Ministers: Article 75 (Union Council of Ministers), Article 164 (State Councils of Ministers), and Article 239AA (Delhi's Council of Ministers). As introduced, it required the President/Governor/Lieutenant Governor to remove a minister — including the Prime Minister or Chief Minister — from office if they remained in judicial custody for 30 consecutive days on an offence punishable with five years' imprisonment or more.
- Article 75 governs appointment and tenure of Union Ministers, who hold office "during the pleasure of the President" (Article 75(2))
- Article 164 contains an identical "pleasure" clause for State Ministers, and Article 239AA extends analogous provisions to the NCT of Delhi
- The Bill would insert a new automatic-cessation trigger tied to prolonged judicial custody, distinct from the existing "doctrine of pleasure," which allows removal but does not mandate it
- The committee's recommended shift from "removal" to "suspension" implies that a minister so affected could resume office if the underlying custody condition ends (e.g., bail or acquittal) without needing fresh reappointment — a materially different consequence than removal, which ends the tenure outright
● Tracked since July 10, 2026 · last seen July 17, 2026 · updates as the daily brief publishes
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