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Gestapo In The Making? Here’s What 130th Constitution Amendment Bill Actually Proposes

Gestapo in the making, or a step towards justice? Here’s what the 130th Constitution Amendment Bill really proposes.

Home Minister Amit Shah introduces the 130th Constitution (Amendment) Bill in the Lok Sabha. (Image: X)

Parliament’s Monsoon Session witnessed high drama on Wednesday as Opposition MPs accused the government of pushing India towards a “Gestapo-style” police state with the introduction of the Constitution (130th Amendment) Bill, 2025.
As Union Home Minister Amit Shah faced a barrage of protests from the Opposition leaders – some of whom tore and threw copies of the Bills at him – AIMIM chief Asaduddin Owaisi rose up from the Opposition benches to launch a blistering attack on the proposed legislation.

Copies Of Bills Torn And Thrown At HM – Watch

“This Bill will undermine Parliamentary democracy. This is the 1933 Gestapo in Germany. This government is hell-bent on creating a police state. This will be death-knell for elected governments. Indian Constitution is being amended to turn India into a police state,” AIMIM leader Asaduddin Owaisi said.

Bill Will Create Gestapo State, Says Owaisi – Watch

Kharge Warns Of Undiluted Power

Leader of Opposition in Rajya Sabha Mallikarjun Kharge warned that the legislation would arm agencies with unchecked power.

“Over the last 11 years, we have witnessed the blatant misuse of parliamentary majority to arm the autonomous agencies like ED, I-T, and CBI with draconian powers to target opposition leaders. Now, these new Bills are set to become instruments in the hands of the ruling party to further undermine and destabilise democratically elected governments in the states. In Parliament, we have seen a growing trend of stifling opposition voices. We are repeatedly denied the opportunity to raise matters of vital public concern in the House,” he said.

What Is The Gestapo?

The Gestapo, or Geheime Staatspolizei, was the secret police force of Nazi Germany from 1933 to 1945, playing a central role in the regime’s oppressive tactics. Established under Hermann Göring, it evolved into a powerful tool for Adolf Hitler, who considered it a crucial weapon against perceived enemies of the state, including political dissidents, Jews, Romani people, and other marginalised groups, an excerpt on the leading research platform EBSCO states.
The excerpt adds, “Despite being a relatively small force, the Gestapo wielded immense power, operating above the law and often employing brutal methods such as torture and intimidation to enforce compliance and silence opposition… The legacy of the Gestapo remains a chilling reminder of state-sponsored terror and the dangers of unchecked authority.”

What Does The 130th Amendment Bill Say?

The 130th Constitution (Amendment) Bill amends Article 75 of the Constitution, introducing a new clause:
“A Minister, who for any period of 30 consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office by the President on the advice of the Prime Minister to be tendered by the 31st day after being taken in such custody.”
Also noteworthy is that it provides that such a leader may be reappointed once released.

Case For Amendment

The proposal stems from controversies like the 2023 arrest of Tamil Nadu minister V Senthil Balaji. His dismissal and subsequent reinstatement after bail triggered a constitutional tussle, with the Supreme Court eventually expressing concern.
The Statement of Objects and Reasons of the Bill says: “A minister who is facing allegations of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.”
It adds that ministers must be “beyond any ray of suspicion.”

Constitution Amendment Bill: Who Removes Whom?

– President removes the Prime Minister
– Chief Minister removes state ministers
– Governor removes Chief Minister of a state
– Lt. Governor removes Chief Minister of a Union Territory

The Three Bills In Play

– The Constitution (130th Amendment) Bill, 2025
– The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
– The Government of Union Territories (Amendment) Bill, 2025
Articles 75, 164, and 239AA are being amended to introduce these provisions. J&K and Union Territories have separate frameworks via the J&K Reorganisation Act and the Government of Union Territories Act, 1963.

How Did The BJP React?

BJP MP Sambit Patra lashed out at the Opposition’s protests in the Lok Sabha: “The way the opposition MPs, especially Congress MPs, behaved in the Parliament has never happened in history…The way opposition MPs tore and threw the copies of the bill and intimated the Speaker…The copies of the bill were thrown towards Union Home Minister Amit Shah…A black chapter has been written by the opposition…They did all this to save the corrupt…Government cannot be run from jail…
“When this kind of bill was brought by Indira Gandhi, it was mentioned that cases cannot be registered against the Prime Minister, President, Vice-President…In this bill, action can be taken against the Prime Minister, Union Ministers, state ministers, and the Chief Minister…To save Lalu Prasad Yadav, Manmohan Singh brought an ordinance, tore that ordinance and said that he was against corruption. Today again the bill was torn, which means that they want governments to be run from jail…The nation is watching this hypocrisy…”
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