New Delhi [India], August 21 : Rajya Sabha MP Kapil Sibal said that the Constitution Amendment Bill introduced by the government, which seeks to remove elected representatives who are arrested on serious criminal charges and held in custody without bail for more than 30 days, has been brought with the intent to target opposition Chief Ministers and ministers.
Addressing a press conference, Sibal pointed out that the government does not have enough numbers in the Lok Sabha to pass this legislation.
"It seems that the intent of the Bill is to target opposition Chief Ministers and opposition Ministers because the Home Minister himself knows that he has been very kind towards his own Ministers, especially in the States where the BJP is ruling... there is sense of generosity, believing they can do no wrong," Rajya Sabha MP said.
Sibal added, "Home Minister knows that this Bill can never be passed because the NDA has a strength of 293, and they require a two-thirds majority to pass a Constitutional Amendment Bill. This requires a total of 363 votes, so they know they can't pass this Bill."
According to Article 368(2) of the Constitution, an amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
While motions for the introduction of Constitution Amendment Bills are adopted by a simple majority, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting are required for the adoption of effective clauses and motions for consideration and passing of these Bills.
Union Home Minister Amit Shah on August 20 introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, the Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 in the Lok Sabha.
The three bills have been referred to the joint committee of both Houses.
The Monsoon Session of Parliament, which commenced on July 21, was adjourned sine die on Thursday.