Union Home Minister Amit Shah introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025; the Government of Union Territories (Amendment) Bill 2025; and the Jammu and Kashmir Reorganization (Amendment) Bill, 2025, in Lok Sabha.
According to these bills, the official would lose his position on the 31st day if he is arrested and detained in police custody for 30 consecutive days.
The monsoon session of Parliament witnessed huge ruckus as the opposition staged protests and chanted slogans against the bill. After that, it was shared with the Joint Parliamentary Committee (JPC).
“A Minister who, for a period of 30 consecutive days in the exercise of his duties as such, is arrested and detained in custody, on suspicion of having committed an offense under any law in force, punishable by imprisonment for a term which may extend to five years or more, shall be removed from office by the President on the advice of the Prime Minister which shall be presented not later than the thirty-first day after being taken into custody,” one of the drafts of law. United States, news agency PTI reported.
“Provided that if the notice of the Prime Minister regarding the removal of such Minister is not delivered to the President before the thirty-first day, he shall cease to be a Minister, with effect from the following day,” it adds.
“Provided further that in the event that the Prime Minister, who for a period of 30 consecutive days in the exercise of his functions as such, is arrested and detained in custody, on the allegation of having committed an offense under any law for the time being in force, punishable by imprisonment for a term which may extend to five years or more, shall tender his resignation not later than the thirty-first day after such arrest and detention, and if he fails to tender his resignation, he will cease to be Prime Minister from the following day,” the bill further specifies.
Bill amending the Constitution
According to the Statement of Objects and Reasons of the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, the Constitution does not contain any provision for the removal of a Minister arrested and detained on serious criminal charges.
Therefore, it is necessary to amend Articles 75, 164 and 239AA of the Constitution of India, to provide a legal framework for removing the Prime Minister or a Minister of the Union Council of Ministers, and the CM or a Minister of the Council of Ministers of States and the National Capital Territory of New Delhi in such cases.
UT Amendment Bill
The objective of the Government of Union Territories (Amendment) Bill, 2025 is to stipulate that there is no provision in the Government of Union Territories Act, 1963 (20 of 1963) providing for the removal of the Chief Minister or a Minister arrested and detained in custody on serious criminal charges.
Therefore, it is 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.
J&K Reorganization Bill
Similarly, 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.
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