By- Tanishka Mittal, Lloyd Law College
ABSTRACT
The 130th Constitutional Amendment Bill, introduced by the Union Home Minister on 20th August 2025, has started intense debate across the country due to its capacity to reshape the democratic and federal setup stated in the Constitution. The bill is framed as a measure to uphold constitutional morality, keep up the principles of good governance, and address the issue of criminalization in politics. But, underneath its decent objective, the Bill raises overpowering constitutional and democratic concerns.
This article examines the repercussions of the Bill on the country’s democracy. While it appears to cleanse politics and reinforce accountability, its arbitrary framework creates scope for misuse of power, erosion of public faith, and the setting of a dangerous precedent for future governance.
The purpose of this study is to analyse how the Bill interacts with India’s democratic framework, federal balance, and constitutional principles. The article evaluates the outcome of the bill, whether it really strengthens accountability and morality in governance or impairs the foundational values of the Constitution. It ultimately tries to showcase that, although well-intentioned, the bill attacks the very pillars of democracy, federalism, and constitutional morality.
Keywords: Amendment, Democracy, 130th Amendment Bill, Federalism, Governance.
INTRODUCTION
An amendment is an alteration in the Constitution which is allowed under Article 368 of the Constitution of India. Changes in laws are a necessity, as with time society evolves and laws must keep pace with the development in society. In fact, India’s Constitution is one of the most frequently amended constitutions globally. As of 2024, 106 amendments have been made to the Indian Constitution.
On 20th August 2025, the Union Home Minister proposed the 130th Constitutional Amendment Bill in the lower house, to amend the laws for the seating of the Prime Minister, Chief Ministers, and other Ministers of the central and state governments.
This article studies the impact of the Bill on democracy and federalism, and analyses whether it strengthens the system through good governance or weakens its foundation by curtailing representation.
Constitutional Foundation of Democracy
The Preamble of the Constitution of India (referred to as the core of the Constitution) clearly states that India is a Democratic Republic. Its mention in the Preamble showcases the importance democracy holds in our system. Democracy is not limited only to the Preamble; many other constitutional provisions reflect it, through equality, fairness, checks, balances, and accountability.
Constitutional Foundation of Federalism
Indian federalism distributes power between the Union and the States to prevent overreach and concentration of power in a few hands, which generally leads to misuse. Federalism ensures autonomy for states (under Schedule VII) while maintaining unity of the nation. This system gives people more direct representation and prevents excessive centralization of authority.
.jpeg)
