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Bills for removal of PM, CMs, ministers arrested for 30 days in Lok Sabha today; ‘destabilisng Oppn,’ says Congress
Union Home Minister Amit Shah will introduce three bills in Parliament today for the removal of a prime minister, a Union minister, a chief minister or a minister of a state or Union Territory if arrested or detained on serious criminal charges for 30 days in a row.
According to the proposed bills, if any one of them is arrested and detained in custody for consecutive 30 days for offences that attract a jail term of at least five years, they will lose their job on the 31st day.
What are the three Bills?
The ‘List of Government Business on August 20 and 21' in the Lok Sabha includes the introduction of the following Bills:(i) The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025;
(ii) The Government of Union Territories (Amendment) Bill, 2025;
(iii) The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025;
Likely to be sent to the joint committee
Union Home Minister Amit Shah will also move a motion in the Lok Sabha to refer these three bills to a joint committee of Parliament."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 thirty-first day, after being taken in such custody," one of the bill reads.
What does the Bill say about the Prime Minister?
"Provided that if the advice of the prime minister, for the removal of such minister is not tendered to the President by the thirty-first day, he shall cease to be a minister, with effect from the day falling thereafter"."Provided further that in case of the prime 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 tender his resignation by the thirty-first day after such arrest and detention, and if he does not tender his resignation, he shall cease to be the Prime Minister with effect from the day falling thereafter," reads the proposed law.
‘No bar on ministers'
As of now, there is no bar on ministers holding on to their offices after their arrests. Former Delhi chief minister Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji did not resigned from their posts since their arrests on different charges.According to the statement of objects and reasons of the Government of Union Territories (Amendment) Bill 2025, there is no provision under the Government of Union Territories Act, 1963 (20 of 1963) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.
Hence, section 45 of the Government of Union Territories Act, 1963, needs to be amended to provide a legal framework for the removal of a chief minister or a minister in such cases, according to the proposal.
The objectives of the Constitution (One Hundred And Thirtieth Amendment) Bill, 2025, say there is no provision under the Constitution for the removal of a minister who is arrested and detained in custody on account of serious criminal charges.
Hence, Articles 75, 164, and 239AA of the Constitution need to be amended to provide a legal framework for the removal of the prime minister or a minister in the Union Council of Ministers and the chief minister or a minister in the Council of Ministers of States and the National Capital Territory of Delhi in such cases. This bill seeks to achieve the above objectives.
The Representation of the People's Act, 1951 provides for the disqualification of members of state legislatures and Parliament if they are convicted with a sentence of two years or more. Convictions for serious offences such as corruption and drug trafficking result in disqualification irrespective of the duration of the sentence.
Jammu and Kashmir Reorganisation
The objectives of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, say there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.Hence, section 54 of the Jammu and Kashmir Reorganisation Act, 2019, needs to be amended to provide a legal framework for the removal of the Chief Minister or a Minister in such cases. The Bill seeks to achieve the above objectives.
The bills' introduction two days before the end of Parliament's Monsoon session and their implications surprised political circles.
‘Attention Diversion': Congress
Congress said the bills are being moved to divert attention from Rahul Gandhi's Voter Adhikar rally in Bihar.“The bills of Home Minister Amit Shah are nothing but a desperate attempt to divert the attention of the public away from the blistering Voter Adhikar Yatra of Shri Rahul Gandhi. First CSDS - BJP IT cell drama and now these bills. Clearly, the winds of change are blowing in Bihar,” Congress leader Gaurav Gogoi said in a post on X.
Congress leader Abhishek Manu Singhvi said the bills are the ‘best way' to destabilise the Opposition.
“Wht a vicious circle! No guidelines for arrest followed! Arrests of opposition leaders were rampant and disproportionate. New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!,” Singhvi said in a post.
(With PTI inputs)
Source: LiveMint
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