Amit Shah tables bills in Lok Sabha to remove PM, CMs, Ministers held on serious charges
Union Home Minister Amit Shah introduced three bills in the Lok Sabha on Wednesday, including the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which proposes automatic removal of elected officials – Prime Minister, Chief Ministers, and Union Ministers – if they are arrested and detained for 30 consecutive days on serious criminal charges.
The bill, along with the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, was referred to a Joint Parliamentary Committee following a voice vote.
“A Minister, who for any period of 30 consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office by the President on the advice of the Prime Minister to be tendered by the 31st day after being taken in such custody,” the Constitution Amendment bill states.
The bill seeks to amend Articles 75, 164, and 239AA, introducing a legal mechanism that mandates the removal of ministers in custody for offences punishable by five years or more.
As per the provisions, the President will remove the Prime Minister, the Governor will remove Chief Ministers, and the Lieutenant-Governor will remove Chief Ministers of Union Territories.
If no resignation or advice for removal is tendered by the 31st day, the office will automatically fall vacant on the 32nd day. Reappointment is permitted upon release from custody.
The proposed amendment to the Jammu and Kashmir Reorganisation Act, 2019, seeks to create a legal framework for the removal of a Chief Minister or Minister if arrested or detained on serious criminal charges. It states that ministers facing such charges undermine constitutional morality and public trust, and therefore should vacate office after 30 days of custody.
Under the new provision, a minister detained for 30 consecutive days for an offence punishable with five years or more will automatically cease to hold office if not removed by the Chief Minister’s advice within the stipulated period. In the case of a Chief Minister, failure to resign within 31 days of custody will lead to automatic cessation of office. The amendment, however, allows them to be reappointed upon release.