Centre Introduces Bills to Remove PM, CMs, Ministers Arrested for 30 Days
In a landmark move, the Union government is set to introduce three key bills in the Lok Sabha that could reshape India’s political accountability framework. The proposed legislation aims to ensure that any sitting Prime Minister, Chief Minister, or minister—whether at the Centre or in the states—loses office if arrested or detained for 30 consecutive days in connection with offences carrying a jail term of five years or more.
Union Home Minister Amit Shah will table The Constitution (130th Amendment) Bill, The Jammu & Kashmir Reorganisation (Amendment) Bill, and The Government of Union Territories (Amendment) Bill in the Lower House. A motion will also be considered to refer these bills to a Joint Parliamentary Committee.
The Constitution (130th Amendment) Bill proposes inserting a new clause in Article 75, mandating that a minister arrested for such offences must be removed from office by the President on the advice of the Prime Minister. If the advice is not given within 31 days, the minister automatically ceases to hold office. A special provision also applies to the Prime Minister, who must resign if detained for 30 days.
Importantly, the bills clarify that a removed PM, CM, or minister can be reappointed after release from custody. Similar amendments will be made to Articles 164 and 239AA for states and Union Territories.
The government justified the move, stating:
“A minister facing allegations of serious criminal offences may thwart constitutional morality, good governance, and diminish the trust reposed by people in him.”
Currently, the law only mandates the disqualification of MPs or MLAs upon conviction for offences carrying two years or more in prison, with no such rule for arrests or detention. The government argues that the new framework is necessary to preserve public confidence in elected representatives.
However, critics are likely to question the potential misuse of the law. Opposition leaders may highlight past arrests of sitting Chief Ministers, including Arvind Kejriwal and Hemant Soren, which they alleged were politically motivated.
With just two days left in the Monsoon Session, the bills are expected to spark heated debate in Parliament.
