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New Delhi: Bill seeking removal of PM, chief ministers arrested for 30 days to be introduced in Parliament today
In a landmark move concerning elected heads of governments and ministers, the Centre will introduce three bills in the Parliament on Wednesday to provide for the removal of a prime minister, a Union minister, a chief minister or a minister of a state or Union Territory if they are arrested or detained on serious criminal charges for 30 consecutive days.
If any such leader is arrested and held in custody for 30 consecutive days for offences carrying a jail term of at least five years, they will automatically lose their position on the 31st day. This and other two bills will be introdcued in the Parliament.
What are the bill to be introduced today:
The Government of Union Territories (Amendment) Bill 2025
The Constitution (One Hundred and Thirtieth Amendment) Bill 2025
The Jammu and Kashmir Reorganisation (Amendment) Bill 2025
Home Minister Amit Shah will also move a motion in the Lok Sabha to refer these bills to a joint committee of Parliament.
What prompted the bill
The move comes in the backdrop of instances where former Delhi chief minister Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji continued in office despite being arrested on different charges.
A minister arrested and detained for 30 consecutive days on charges punishable with at least five years’ imprisonment shall be removed from office by the President on the Prime Minister’s advice by the 31st day. If such advice is not given, the minister will automatically cease to hold office thereafter.
In the case of the Prime Minister, he must resign by the 31st day after arrest and detention. If he does not, he will automatically cease to hold office from the following day.
Need for amendments
Government of Union Territories (Amendment) Bill 2025: The statement of objects and reasons says there is no provision in the Government of Union Territories Act, 1963, for the removal of a chief minister or minister arrested on serious criminal charges. Section 45 of the Act is proposed to be amended to provide such a framework.
Constitution (One Hundred and Thirtieth Amendment) Bill 2025: The Constitution currently lacks provisions for removal of a prime minister, Union minister, chief minister or state minister in such cases. The bill seeks to amend Articles 75, 164 and 239AA to provide a framework for their removal.
Jammu and Kashmir Reorganisation (Amendment) Bill 2025: The 2019 Act does not contain provisions for removing a chief minister or minister arrested on serious criminal charges. Section 54 is proposed to be amended to address this gap.
These bills collectively seek to establish a uniform legal framework for the removal of elected leaders and ministers in cases of prolonged arrest or detention on grave criminal charges.
