New Bills Threaten Ministers With Automatic Removal
Government plans bills to remove detained leaders.
The Indian government is set to introduce three groundbreaking bills in Parliament today, targeting the removal of high-ranking officials, including the Prime Minister, Union Ministers, Chief Ministers, and state or Union Territory ministers, if they are arrested and detained for 30 consecutive days on serious criminal charges. These charges must carry a potential jail term of at least five years.
The proposed legislation includes the Government of Union Territories (Amendment) Bill 2025, the Constitution (One Hundred and Thirtieth Amendment) Bill 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025. Union Home Minister Amit Shah will move a motion to refer these bills to a joint parliamentary committee for further deliberation.
Under the new provisions, if a minister is detained for 30 consecutive days on allegations of committing an offense punishable by five or more years of imprisonment, they will be removed from office by the President, on the Prime Minister’s advice, by the 31st day. If the Prime Minister fails to provide such advice, the minister will automatically cease to hold office. Similarly, if the Prime Minister is detained for 30 days under similar charges, they must resign by the 31st day or automatically lose their position.
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The bills address a gap in existing laws, as seen in cases like former Delhi Chief Minister Arvind Kejriwal and Tamil Nadu Minister V Senthil Balaji, who remained in office despite arrests. The Government of Union Territories (Amendment) Bill 2025 amends section 45 of the 1963 Act, while the Jammu and Kashmir Reorganisation (Amendment) Bill 2025 updates section 54 of the 2019 Act, to provide a legal framework for such removals. The Constitution (One Hundred and Thirtieth Amendment) Bill 2025 modifies Articles 75, 164, and 239AA to extend this framework to Union and state ministers, including those in Delhi.
These bills aim to ensure accountability by establishing clear rules for the removal of top officials facing serious criminal allegations, marking a significant step in India’s governance reforms.
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