Shah defends 130th Constitutional Amendment Bill, cites Kejriwal's refusal to resign while jailed

Kochi: Union Home Minister Amit Shah on Friday defended the 130th Constitutional Amendment Bill, saying it was needed to "uphold political morality" after Delhi Chief Minister Arvind Kejriwal continued to hold office from prison before losing power in recent assembly elections.

"In the past 75 years, many Chief Ministers and Ministers have gone to jail, and all of them resigned. But for the first time in Delhi, a chief minister was running a government while in jail. Hence, the question arises—should the Constitution be amended or not?" Shah said at the Manorama News Conclave here.

He underlined that the BJP never felt the need to bring such a change earlier because no leader had defied convention in this way.

"If Kejriwal had resigned, the situation of bringing such an amendment would not have come today," Shah added.

Shah asked: "Do they (opposition) want a chief minister to run a government from jail? Do they want a prime minister to govern from jail?" He argued that when India's Constitution was written, no one could have imagined that "an elected leader would refuse to resign even while imprisoned." Shah also accused the opposition of "double standards".

He recalled how Congress leader Rahul Gandhi had once torn up an ordinance introduced by the Manmohan Singh government to protect convicted MPs and MLAs, calling it a matter of morality.

"But today, the same Rahul Gandhi embraces Lalu Yadav, who is out of jail only on health grounds," Shah said.

He urged Rahul to explain what has changed.

"The very ordinance he had torn apart—today, he is opposing similar provisions in Parliament with indecent behaviour. Is it simply because he keeps losing elections?" Shah asked.

According to him, the amendment is not targeted at one party.

"It will apply equally to BJP's chief ministers and the prime minister," he said, contrasting the move with Indira Gandhi's past attempt to "shield the prime minister from legal scrutiny."

"At one time, Indira Gandhi amended the Constitution to protect the PM from election-related cases. But today, PM Narendra Modi fully abides by the law. Still, the opposition continues to oppose," he claimed.

Shah warned that allowing a government to function from prison would set a dangerous precedent.

"Can files from the chief secretary, DGP, secretaries, or home department be sent to jail for the chief minister's signature? Such a scenario would deeply undermine the morality of democracy," he said.

Calling on the opposition to act responsibly, Shah urged them to give suggestions in the Joint Parliamentary Committee and "cooperate in strengthening the moral values of democracy."

Amit Shah on Wednesday introduced three Bills in Lok Sabha for the removal of prime minister, chief ministers and ministers arrested on serious criminal charges for 30 days, drawing fierce protests from the Opposition.

The three Bills are the Government of Union Territories (Amendment) Bill 2025; the Constitution (One Hundred And Thirtieth Amendment) Bill 2025; and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025.