The Central Government is set to introduce three crucial bills in the Lok Sabha on Wednesday that aim to remove elected representatives — including the Prime Minister, Union Ministers, Chief Ministers, and State Ministers — from office if they are arrested or held in judicial custody for more than 30 consecutive days in serious criminal cases.
Currently, No Provision to Remove Leaders from Position Upon Arrest
As it stands, the Indian Constitution and existing laws do not have any clear provision to remove elected politicians from position if they are arrested or held in custody in connection with serious criminal charges. However, the proposed new laws are intended to fill this legal gap and ensure accountability and integrity in public office.
Three Key Bills to Be Introduced
The three bills to be introduced are:
- Union Territories (Amendment) Bill, 2025
- The Constitution (130th Amendment) Bill, 2025
- Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
Union Home Minister Amit Shah is expected to introduce a motion to refer these bills to a Joint Parliamentary Committee for further scrutiny.
Details of the Bills:
1. Union Territories (Amendment) Bill, 2025
The objective of this bill is to amend Section 45 of the Union Territories Act, 1963, which currently lacks any provision for removing a Chief Minister or Minister if they are arrested or held in custody in a serious criminal case. The amendment seeks to create a legal framework to allow for their removal in such circumstances.
2. Constitution (130th Amendment) Bill, 2025
This bill proposes amendments to Articles 75, 164, and 239AA of the Constitution. The goal is to introduce a new provision that mandates the removal of the Prime Minister, Union Ministers, Chief Ministers, or State Ministers from office if they are in custody for more than 30 days in a case involving a serious offense punishable by five or more years of imprisonment.
Under the proposed law, if any such minister is held in continuous custody for 30 days, they will be automatically removed from office on the 31st day.
3. Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
This bill aims to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, by inserting a new clause (4A) to introduce similar provisions for the Union Territory of Jammu and Kashmir.
Automatic Disqualification on the 31st Day of Custody
Across all three bills, the proposed process is the same: if any minister, including the Prime Minister or Chief Minister, is arrested or held in custody in a serious criminal case for 30 continuous days, they will be removed from office automatically on the 31st day. This provision is aimed at strengthening public trust and ensuring ethical governance.
Why These Bills Are Being Introduced
The “Statement of Objects and Reasons” accompanying the bills emphasizes the urgent need to protect constitutional morality and uphold public trust in elected representatives. It states that:
“Elected leaders are symbols of the people’s aspirations. However, at present, there is no provision in the Constitution to remove a Prime Minister or Minister who is arrested or in judicial custody in a serious criminal case.”
The statement further highlights that ministers are expected to maintain unimpeachable conduct and character. The continued holding of office by ministers facing serious criminal charges undermines constitutional values and erodes public confidence in the integrity of the government.
These proposed reforms mark a significant step toward strengthening democratic accountability and ethical standards in Indian politics.