The 130th Constitution Amendment Bill aims to automatically remove Prime Ministers, Chief Ministers, and Ministers from office if they are detained for over 30 days on serious criminal charges, with reinstatement possible only upon release. While it appears to address corruption and criminality in politics, the bill is criticized for undermining fundamental constitutional principles like the presumption of innocence and due process. It is also selective, targeting only ministers and not legislators, despite existing laws like the Representation of People Act, 1951, which already disqualify convicted individuals from elections. The bill’s hasty and disproportionate approach risks political instability and may be exploited by powerful forces, rather than strengthening democratic governance.

More importantly, the article argues that the bill ignores a deeper constitutional crisis: the rampant horse trading of MLAs that destabilizes elected governments and subverts the people’s mandate. Despite anti-defection laws, political defections continue through loopholes and coercion, eroding democratic legitimacy far more than temporary detentions of ministers. The real need is to strengthen anti-defection provisions, ensure impartial adjudication, and protect legislatures from inducements and coercion. By focusing narrowly on ministers in custody and neglecting defections, the bill offers a cosmetic reform that fails to address the core threats to India’s constitutional morality and democratic stability.