Amit Shah tables Bills seeking removal of PM, CMs facing serious criminal charges in LS, to be referred to joint panel
Union Home Minister Amit Shah on Wednesday tabled in Lok Sabha the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, Government of Union Territories (Amendment) Bill, 2025, Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
Home Minister Amit Shah said the three big-ticket anti-corruption draft laws, which also include provisions for the removal of a prime minister and chief ministers arrested on serious criminal charges, will be sent to the joint committee of the Lok Sabha amid protests by the opposition.
According to the proposed laws, 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.
Soon after the introduction of the Bills, Congress leader Manish Tewari said these draft laws undermine the law of the land and called these bills ‘unconstitutional.’ Tewari demanded that the bills be withdrawn immediately.
Shah later informed the house that the three bills would be sent to the joint panel for further scrutiny. This means bills won’t be taken up in this Monsoon Session of Parliament as it ends on 21 July, Thursday.
What are the three Bills?
The three bills are:
(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;
“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 theprime 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 imprisonmentfor 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.
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.
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.
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 theJammu 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.
(This is a developing story. Check back for updates)
