New Delhi: Union Home Minister Amit Shah on Monday mounted a strong defence of the Centre’s proposed Criminal Neta Bill, asking whether it was morally right for a Prime Minister or Chief Minister to continue governing from jail.
In an interview with ANI, Shah said, “If a PM or CM goes to jail, should the government run from prison? Democracy does not stop with one person—parties with majority can choose another leader.” He stressed that the provision would apply to all states, including those ruled by the BJP, and insisted courts can step in if false cases are filed.
#WATCH | On opposition’s allegations and criticism of 130th Amendment Bill, Union HM Amit Shah says, “In this country today, the number of NDA CMs is more. The PM is also from the NDA. So this bill does not raise questions only for the opposition. This raises questions for our… pic.twitter.com/k8nmT81crK
— ANI (@ANI) August 25, 2025
The bill—formally known as the Constitution (130th Amendment) Bill—seeks to automatically remove a PM, CM or minister jailed for 30 consecutive days on charges carrying a minimum sentence of five years. Unlike the present system where disqualification occurs only after conviction, the new law forces resignation by day 31. Officials can, however, return to office once released, with the President’s approval.
Shah underlined that Prime Minister Narendra Modi had “brought himself under the scanner,” unlike Indira Gandhi who had once amended the Constitution to shield the top posts from judicial review. He also accused Congress leader Rahul Gandhi of double standards, recalling how Gandhi tore up an ordinance protecting convicted leaders during the UPA era but now stands alongside Lalu Prasad Yadav.
The Opposition, however, branded the bill “draconian” and “anti-democratic.” Rahul Gandhi said it reduces elected leaders to “medieval kings’ mercy,” Priyanka Gandhi termed it unconstitutional, while Bengal Chief Minister Mamata Banerjee warned it was a “death knell for democracy.”
I see the bill for the removal of CMs and ministers as a completely draconian thing.
To say it as an anti-corruption measure, is just to pull a veil across the eyes of the people. Tomorrow, you can put any kind of a case on a CM, have him arrested for 30 days without conviction,… pic.twitter.com/QlQEFE4BpM
— Congress (@INCIndia) August 20, 2025
I condemn the 130th Constitutional Amendment Bill, proposed to be tabled, by the Government of India today. I condemn it as a step towards something that is more than a super- Emergency, a step to end the democratic era of India for ever. This draconian step comes as a death… pic.twitter.com/Vx78R1fh6V
— Mamata Banerjee (@MamataOfficial) August 20, 2025
Despite the backlash, BJP leaders insist the amendment is a bold step to cleanse politics of criminalisation and restore public faith in governance.
