Union Home Minister Amit Shah on Wednesday tabled three bills in Lok Sabha, including a Constitution Amendment bill, which seeks to remove the Prime Minister or chief ministers who are facing allegations of corruption or serious offences and have been detained for 30 consecutive days.
Shah tabled the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, to further amend the Constitution of India and the Government of Union Territories (Amendment) Bill, 2025, apart from the bill to amend the Jammu and Kashmir Reorganisation Act, 2019.
“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,” the Bill states.
The proposed amendment to the Jammu and Kashmir Reorganisation Act, 2019, seeks to create a legal framework for the removal of a Chief Minister or Minister if arrested or detained on serious criminal charges. It states that ministers facing such charges undermine constitutional morality and public trust, and therefore should vacate office after 30 days of custody.
Under the new provision, a minister detained for 30 consecutive days for an offence punishable with five years or more will automatically cease to hold office if not removed by the Chief Minister’s advice within the stipulated period. In the case of a Chief Minister, failure to resign within 31 days of custody will lead to automatic cessation of office. The amendment, however, allows them to be reappointed upon release.