Govt to bring bills for removal of PM, Union minister and UT CM held on serious criminal charges

The government plans to introduce three bills in Parliament on Wednesday (August 20) aimed at removing a Prime Minister, a Union Minister, a Chief Minister or a Minister of a Union Territory when arrested or detained on serious criminal charges.

These bills are the Government of Union Territories (Amendment) Bill 2025; the Constitution (One Hundred and Thirtieth Amendment) Bill 2025; and the Jammu and Kashmir Reorganization (Amendment) Bill, 2025. 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.

According to the Statement of Objects and Reasons of the Government of Union Territories (Amendment) Bill 2025, the Government of Union Territories Act, 1963 (20 of 1963) does not contain any provision for the removal of the Chief Minister or a Minister arrested and detained in custody on serious criminal charges.

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It is therefore necessary to amend Section 45 of the Government of Union Territories Act, 1963 to provide a legal framework for the removal of a Chief Minister or Minister in such cases. The bill seeks to achieve the above objectives.

The objectives of the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, states that there is no provision in the Constitution for the removal of a minister who is arrested and detained in custody on serious criminal charges.

Therefore, it is necessary to amend Articles 75, 164 and 239AA of the Constitution, to provide a legal framework for the removal of the Prime Minister or a Minister of the Union Council of Ministers and the Chief Minister or a Minister of the Council of Ministers of the States and the National Capital Territory of Delhi in such cases. The bill seeks to achieve the above objectives.

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The objectives of the Jammu and Kashmir Reorganization (Amendment) Bill, 2025 state that there is no provision in the Jammu and Kashmir Reorganization Act, 2019 (34 of 2019) providing for the removal of the Chief Minister or a Minister arrested and detained in custody on serious criminal charges.

It is therefore necessary to amend Section 54 of the Jammu and Kashmir Reorganization Act, 2019 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.