New Delhi: Three important legislations are to be tabled in the Lok Sabha today, providing for the removal of prime minister, chief ministers and Union and state ministers on arrest or detention for serious criminal offences that draw five years of jail or more.
According to the proposed bills, which will be tabled by Union Home Minister Amit Shah in Lok Sabha, if any one of these elected representatives are arrested and kept in custody for 30 consecutive days, they will have to resign on the 31st day or will be automatically removed.
Currently there is no provision under the Constitution for removal of a PM, CM, or Union or state/UT ministers, who are arrested and detained in custody on account of serious criminal charges. They step down on their own before arrest like in the case of former Delhi CM Arvind Kejriwal (in the excise case) or Jharkhand CM Hemant Soren (in an alleged land scam). While Kejriwal ran the Delhi government from jail for six months before Atishi was made CM, in Jharkhand, former Jharkhand Mukti Morcha leader Champai Soren took the charge till Soren was in jail.
The law provides for only removal of public representatives, who have been convicted.
However, the proposed law states that nothing shall prevent a PM, ministers, the CM or the ministers from being subsequently appointed as PM or a minister by the President, the CM or a minister, by the Governor, on their release from custody. ThePrint has accessed the three bills.
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 seeks to amend Article 75, 164 and 239AA for providing legal framework for removal of the PM, or a minister in the Union Council of Ministers and the CM or a minister in the Council of Ministers of States and the National Capital Territory (NCT) of Delhi.
The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 seeks to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, for providing a legal framework for removal of the CM or a minister in such cases.
The Government of Union Territories (Amendment) Bill, 2025 seeks to amend Section 45 of the Government of Union Territories Act, 1963 for providing a legal framework for removal of CM or a minister of a UT.
All three bills will be referred to a Joint Committee of Houses consisting of 21 members of Lok Sabha and 10 members of Rajya Sabha, according to the Lok Sabha’s revised list of business.
Soon after the bills were circulated to the MPs Tuesday night, they triggered a barrage of criticism from opposition leaders.
“The bills of Home Minister Amit Shah are nothing but a desperate attempt to divert the attention of the public away from the blistering Vote Adhikar Yatra of Shri Rahul Gandhi…. Clearly the winds of change are blowing in Bihar,” Gaurav Gogoi, Congress deputy leader in Lok Sabha, posted on social media platform X.
“The bills of Home Minister Amit Shah are nothing but a desperate attempt to divert the attention of the public away from the blistering Vote Adhikar Yatra of Shri Rahul Gandhi…. Clearly the winds of change are blowing in Bihar.”
Congress Rajya Sabha MP Abhishek Manu Singhvi called it a “vicious circle.” “No guidelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent #CM etc immediately on arrest. Best way to destabilize opposition is to unleash biased central agencies to arrest opposition CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!” he posted on ‘X’.
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What the bills say
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 seeks to amend Article 75 of the Constitution by inserting a new clause 5(A) after clause 5 that states that if a “PM, who for any period of 30 consecutive days during holding the office 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 PM.”
However, if the person does not tender resignation, he/she shall cease to be the PM with effect from the day falling thereafter.
Similarly, if a Union minister, who for any period of 30 consecutive days during holding the office, is arrested and detained in custody, on allegation of committing an offence under any law, which is punishable with five years or more of imprisonment “shall be removed from office by the President on the advice of the PM to be tendered by the 31st day, after being taken in such custody.”
If the advice for the removal is not tendered to the President by the 31st day, such a person will cease to be a minister.
The law also seeks to amend Article 164 and Article 239AA of the Constitution for removal of a CM or a minister in the Council of Ministers in the state and the National Capital Territory (NCT) of Delhi.
It seeks to insert a new clause, as per which an a CM facing a similar situation shall tender resignation by the 31st day after such arrest and detention. Failure to do so will result in removal. However, the bill also specifies that nothing in this clause shall prevent such CM or minister from being subsequently appointed as the CM or a minister, by the Governor, on his release from custody.”
The bill though does not describe the nature of criminal charges that will lead to arrest or detention except for specifying any alleged offence which is punishable by jail term of five or more years.
The statement of objects and reasons states, “… elected representatives represent hopes and aspirations of the people of India. It is expected that they rise above political interests and act only in the public interest and for the welfare of people…. a minister, who is facing allegation 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.”
(Edited by Tony Rai)