New Delhi: Home Minister Amit Shah on Wednesday is expected to table before Parliament draft of three bills which would lay down conditions for the removal of a prime minister, a union minister, a chief minister or a minister of a state or Union Territory “when arrested or detained on serious criminal charges”.
The Bill rules out that if prime minister, union minister, chief minister or minister of a state or Union Territory is arrested and detained for 30 days in a row for any offence that is punishable with imprisonment for five years or more, they will automatically lose their post on the 31st day.
The three bills to be introduced include (1) Government of Union Territories (Amendment) Bill, 2025 (2) Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 (3) Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
The Home Minister will also table a motion to refer the three bills to a joint committee of Lok Sabha and Rajya Sabha, which would be bound to submit its report on the first day of the last week of the next Parliamentary session.
Procedure for removal of Prime Minister and Ministers
The procedure for removal according to the Bill is different for PM and ministers. The arrested CM or other minister will be removed on the 31st day by the President on the advice of Prime Minister. In case the advice is not given by the PM, the minister will be automatically removed.
The Prime Minister arrested in such condition will be required to tender their resignation by the 31st day. If the prime minister fails to resign, they will automatically cease to hold the office.
“The elected representatives represent hopes and aspirations of the people of India. It is expected that they rise above political interests and act only in the public interest and for the welfare of people. It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion,” the statement of objects and reasons of the Constitution (130th Amendment) Bill, 2025 distributed to the Lok Sabha members on Tuesday read.
‘Best way to destabilise opposition’, Congress
The opposition parties have reacted sharply to the Bill which according to them is poised to destabilise the opposition by getting its chief ministers arrested making use of their “biased” central agencies and remove them from posts after “arbitrary” arrest.
Senior Congress leader Abhishek Singhvi said on X, “New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest opposition CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!”