130th Amendment Bill Tramples Federalism and Rule of Law

Elyas Muhammad Thumbe, National General Secretary of the Social Democratic Party of India, strongly condemns the introduction of the Constitution (130th Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, by Union Home Minister Amit Shah in the Lok Sabha. These bills represent a brazen assault on democracy, federalism, and the rule of law. They are nothing less than draconian instruments to consolidate authoritarian power in the hands of the BJP-led central government, trampling the rights of elected representatives and the will of the people.

At the core of this legislation lies a presumption of guilt without conviction, undermining the principle of “innocent until proven guilty” enshrined in the Constitution. By mandating automatic removal of the Prime Minister, Chief Ministers, or ministers after just 30 days in custody on charges carrying a five-year sentence—without trial or judicial determination—these bills invert the burden of proof and erode due process. This is not reform but a mockery of justice, where mere allegations can disqualify leaders chosen by millions.

Such provisions can easily be weaponized to topple opposition governments through fabricated arrests by central agencies like the ED, CBI, and Income Tax Department—institutions repeatedly misused by the BJP. In the past decade, out of 193 ED cases against rivals, only two have led to convictions, proving most are political witch-hunts. This amendment would empower the Centre and its Governors to act as judge, jury, and executioner, bypassing the judiciary and overriding electoral mandates. It strikes at the root of democracy, reducing India to a police state where dissent is crushed by coercion.

The SDPI has consistently exposed the BJP’s authoritarian tendencies—from its attacks on the Supreme Court to the misuse of agencies for vendetta. This bill continues that agenda, reminiscent of dictatorships where laws like Hitler’s Enabling Act dismantled constitutional safeguards. It disproportionately targets opposition-ruled states and minority-led parties, further marginalizing those who stand for justice and equity.

The SDPI demands immediate withdrawal of these anti-democratic bills. They weaken safeguards of democracy and reveal the BJP’s desperation amid growing exposures of electoral fraud and eroding legitimacy. We call upon progressive forces, regional parties, and civil society to unite against this black day for Indian democracy.