The 130th Constitutional Amendment Bill: Accountability or Constitutional Overreach?

Syllabus: Polity
Source: IE

The Constitution (130th Amendment) Bill, 2025 proposes that if a minister (including the Prime Minister or Chief Minister) is held in custody for 30 consecutive days for an offence punishable with imprisonment of five years or more, they shall be automatically removed from office.

About the 130th Amendment Bill: Accountability or Constitutional Overreach?

Constitution (130th Amendment) Bill, 2025:

• Provides for the removal of the Prime Minister, Chief Ministers, or other ministers if they are in custody for serious offences for 30 consecutive days.
• Applicable to the Union, states, Delhi, and extended to the Union Territories of Puducherry and Jammu & Kashmir through separate bills.

Grounds for Removal:

1. Serious Offence: Crimes punishable with imprisonment of five years or more.
2. Custody: The person must be arrested and in custody continuously for 30 days.

Procedure for Removal:

• Union Ministers: Removed by the President on the advice of the Prime Minister on the 31st day.
• State Ministers: Removed by the Governor on the advice of the Chief Minister on the 31st day.
• Delhi Ministers: Removed by the President on the advice of the Chief Minister.
• Prime Minister/Chief Minister Themselves: Must resign by the 31st day, otherwise, their office shall be automatically vacated.

Reappointment:

• No permanent disqualification.
• Ministers removed can be reappointed after release from custody.

Key Implications:

✔ Aims to uphold constitutional morality, good governance, and public trust.
❗ But there is a risk of political misuse since removal would be based on custody, not conviction.

Constitutional and Legal Issues:

1. Violation of Basic Structure:
   • Undermines parliamentary supremacy and the role of the judiciary by giving excessive power to the executive.
   • Kesavananda Bharati Case (1973): Parliament cannot alter basic features like the rule of law and separation of powers.
2. Departure from Judicial Precedent:
   • Representation of the People Act, 1951: Disqualification occurs only after conviction, not pre-trial detention.
   • A.R. Antulay Case (1988): Procedural shortcuts affecting Article 21 rights are unconstitutional.
3. Weakening of Cabinet’s Collective Responsibility:
   • The council of ministers will depend on the advice of the Prime Minister or Chief Minister.
   • S.R. Bommai Case (1994): Collective responsibility is a fundamental aspect of parliamentary democracy.
4. Risk of Misuse by Investigative Agencies:
   • ED/CBI have faced accusations of targeting opposition leaders.
   • Under Section 45 of PMLA, bail is difficult and custody may exceed 30 days without proven guilt.
5. Erosion of Liberty and Due Process:
   • Maneka Gandhi Case (1978): Liberty can only be restricted through fair, just, and reasonable law.
   • Linking 30 days of custody to removal is arbitrary and inconsistent with principles of justice.

Comparative Perspective:

✔ UK: Ministers are expected to resign on moral grounds (e.g., Profumo scandal, 1963), but there is no legal obligation until conviction.
✔ US: The Constitution is silent on ministerial removal; resignations typically occur under political pressure (e.g., Watergate, 1974), not pre-trial detention.
✔ South Africa: Ministers can be removed only after conviction or impeachment, keeping due process central to accountability.

Potential Consequences:

1. Governance Instability: Frequent removals without trial could disrupt policy continuity.
2. Political Weaponisation: Investigative agencies may be used to target opponents strategically.
3. Erosion of Public Mandate: Decisions made by elected representatives may be overturned by executive action.
4. Judicial Burden: Arbitrary removals may lead to a flood of petitions, straining courts.
5. Decline in Moral Standards: Real accountability may be diluted by partisan misuse, reducing trust in governance.

Way Forward:

✔ Link removal to judicial milestones—trigger removal only after charges are framed by the court.
✔ Mandate High Courts to review removal orders within 7 days, ensuring fairness.
✔ Safeguard collective responsibility by limiting unilateral discretion of the Prime Minister/Chief Minister.
✔ Ensure political neutrality by establishing an independent body like the Lokpal/Ethics Commission to vet cases.
✔ Encourage voluntary resignations on moral grounds, as practiced by leaders like Lal Bahadur Shastri (1956), instead of forced disqualification.

Conclusion:

The bill seeks to address the concern that ministers facing serious charges damage governance. However, by equating custody with guilt, it risks executive overreach, constitutional violations, and political vendetta. Reforms must be tied to judicial safeguards and due process to ensure accountability without undermining democracy.

Fragility of the Himalayas and Unsustainable Development

Syllabus: Important Geographical Features
Source: TH

Context:
Recent floods and landslides in Punjab, Himachal Pradesh, Uttarakhand, and Kashmir have exposed the heavy cost of unregulated construction and deforestation in the Himalayas.
Experts and the Supreme Court have warned that unregulated “development” is pushing these fragile mountains to the brink of collapse.

Fragility of the Himalayas and Unsustainable Development:

What are the Himalayas?

• The Himalayas are the youngest and highest fold mountains in the world.
• They stretch across approximately 2,400 km through India, Nepal, Bhutan, China, and Pakistan.
• Average width: 150–400 km; average elevation: over 6,000 meters.
• They form the northern boundary of the Indian subcontinent and act as a climatic, cultural, and ecological divide.
• The Himalayas are home to the world’s highest peaks, including Mount Everest (8,849 meters) and Kanchenjunga (8,586 meters).

Formation of the Himalayas:

Ancient Landmasses:

• Around 200 million years ago, the supercontinent Pangaea broke apart.
• Two major landmasses related to the Himalayas:
  • Laurasia (North) – included Eurasia.
  • Gondwana (South) – included India, Africa, Australia, etc.

Tethys Sea:

• A shallow sea known as the Tethys Sea existed between Laurasia and Gondwana.
• Over millions of years, sediments from rivers accumulated in the seabed.

Movement of the Indian Plate:

• About 140 million years ago, the Indian Plate separated from Gondwana.
• It drifted northward at a fast pace (~15 cm/year).

Collision with the Eurasian Plate:

• Around 50 million years ago, the Indian Plate collided with the Eurasian Plate.
• The sediments of the Tethys Sea were compressed and uplifted due to plate convergence.

Mountain Building (Orogeny):

• The collision led to the formation of fold mountains — the Himalayas.
• The process is still active: the Himalayas continue to rise at a rate of ~5 mm per year due to ongoing plate movements.

Fragility of the Himalayas:

✔ Young Mountains: Being geologically young and unstable, the Himalayas are prone to landslides and seismic activity.
✔ Climate Sensitivity: Warming rates are higher than global averages, causing glaciers to melt and rainfall patterns to become erratic.
✔ High-Energy Environment: Steep slopes and fast-flowing rivers amplify the risks of floods and soil erosion.
✔ Glacial Lakes: More than 25,000 glacial lakes increase the risk of sudden glacial lake outburst floods (GLOFs).
✔ Biodiversity Hotspot: The Himalayas are home to unique species and ecosystems, and their destruction harms both ecology and livelihoods.

Causes of Himalayan Degradation:

✔ Unregulated Infrastructure: Heavy blasting and excavation for roads, tunnels, and hydroelectric projects destabilize slopes.
✔ Deforestation: Native trees like deodar that bind soil are being cut for tourism and urban expansion.
✔ Hydropower Expansion: Excessive damming alters river courses and increases disaster risks.
✔ Weak Impact Assessments: Environmental Impact Assessments (EIA) are often bypassed or diluted for quick approvals.
✔ Tourism Pressure: Rising demand for hotels and roads puts pressure on land resources and accelerates ecological erosion.

Consequences of Unsustainable Development:

✔ Human Loss: Disasters like Kedarnath (2013) and Chamoli (2021) caused large-scale deaths and displacement.
✔ Ecological Damage: Soil erosion, loss of biodiversity, and forest degradation weaken long-term resilience.
✔ Disaster Multiplication: Development without safeguards turns heavy rainfall into catastrophic floods and landslides.
✔ Economic Setbacks: Infrastructure collapses, farms are destroyed, and tourism suffers, reducing state revenues.
✔ Social Stress: Projects without consultation endanger lives, reducing public trust in governance.

Way Forward:

✔ Mountain-Specific Policies: Draft development models that consider the carrying capacity of fragile regions.
✔ Strengthen Impact Assessments: Ensure rigorous, independent environmental and disaster impact assessments before approvals.
✔ Promote Nature-Based Solutions: Afforestation, slope stabilization, and watershed management can reduce risks.
✔ Community-Led Development: Build climate literacy, eco-tourism, and empower local governance to enhance resilience.
✔ Sustainable Energy Mix: Shift focus from hydropower dominance to solar, wind, and decentralized energy sources.

Conclusion:

The Himalayas are at a critical juncture where reckless development is colliding with climate change. Sustainable models that respect ecology, empower communities, and balance growth with conservation are essential. Only then can these “living mountains” remain resilient for future generations.

Iran–IAEA Nuclear Monitoring Agreement

Context:
A significant agreement has been reached between the IAEA (United Nations’ nuclear watchdog) and Iran, allowing inspectors to resume monitoring Iran’s nuclear sites. The agreement also includes inspections of facilities damaged in recent attacks by Israel and the United States.

About the Iran–IAEA Nuclear Monitoring Agreement:

Key Features of the Agreement:

✔ Resumption of Inspections – IAEA inspectors are allowed access to all nuclear plants and facilities in Iran.
✔ Verification of Damaged Sites – Includes inspection of sites affected by the June attacks, covering nuclear materials.
✔ Legal Framework – The agreement aligns with Iran’s obligations under the Nuclear Non-Proliferation Treaty (NPT) Comprehensive Safeguards Agreement.
✔ Mediation – Egypt played a key role in facilitating the agreement.
✔ Conditionality – Iran stated that implementation depends on the absence of further hostile actions or sanctions.

Significance:

✔ Prevents immediate UN sanctions on Iran.
✔ Revives global nuclear diplomacy amid escalating tensions.
✔ Reassures that Iran is not withdrawing from the NPT regime.

Relevance in UPSC Exam Syllabus:

GS Paper II:
✔ International Relations – Global nuclear governance and the implications of Iran’s nuclear program on West Asia.
✔ International Institutions – The role of the IAEA in ensuring compliance and preventing nuclear proliferation.

Essay / Ethics:
✔ Themes such as nuclear disarmament, technology versus peace, and global governance of weapons of mass destruction.