Key Highlights
- The Constitution (130th Amendment) Bill enables automatic removal of Prime Minister, Chief Ministers, and Ministers if detained for 30 consecutive days on charges punishable by five years or more imprisonment
- Home Minister Amit Shah tabled three critical bills in Lok Sabha targeting constitutional amendments to Articles 75, 164, and 239AA, alongside separate provisions for Jammu and Kashmir and Union Territories
- The proposed legislation creates a legal framework where ministers must resign by the 31st day of custody or automatically lose their position, marking a significant shift toward decriminalizing politics
Opening Overview
The Indian Parliament has taken a decisive step toward transforming the landscape of political accountability with the introduction of three comprehensive bills targeting the removal of PM and chief ministers arrested for 30 days. Union Home Minister Amit Shah on Wednesday tabled the Constitution (130th Amendment) Bill, 2025, along with companion legislation for Jammu and Kashmir and Union Territories, establishing an unprecedented legal framework for the removal of PM and chief ministers arrested for 30 days on serious criminal charges.
This landmark initiative addresses a critical gap in India’s constitutional framework, where no existing provision prevents elected officials from continuing in office while facing serious criminal allegations. The removal of PM and chief ministers arrested for 30 days provision represents a fundamental shift toward ensuring constitutional integrity and public trust in elected representatives. The bills come amid growing concerns about political leaders continuing to hold office despite facing serious criminal charges, highlighting the urgent need for removal of PM and chief ministers arrested for 30 days mechanisms.
Constitutional Framework Transformation Through Targeted Amendments
- The Constitution (130th Amendment) Bill proposes amendments to Articles 75, 164, and 239AA of the Constitution
- These amendments create automatic removal mechanisms for ministers detained for 30 consecutive days on serious charges
The proposed constitutional amendments establish a comprehensive legal structure for the removal of PM and chief ministers arrested for 30 days across all levels of government. Article 75, which governs the appointment and responsibilities of the Prime Minister and Union Ministers, will be amended to include clause 5A, mandating the removal of PM and chief ministers arrested for 30 days for offenses punishable by five years or more imprisonment.
Similarly, Article 164, which addresses the appointment of Chief Ministers and their council of ministers, will incorporate provisions for the removal of PM and chief ministers arrested for 30 days at the state level. The amendment ensures that if a minister is arrested and detained for 30 consecutive days, the President will remove them from office on the Prime Minister’s advice, which must be tendered by the 31st day.
Article 239AA, governing the National Capital Territory of Delhi, will also include similar provisions for the removal of PM and chief ministers arrested for 30 days. This comprehensive approach ensures uniform application of accountability standards across Union, state, and Delhi government levels, creating a robust framework for maintaining constitutional morality and public trust.
| Bill/Amendment | Legal Provision Amended | Key Change Regarding Removal |
|---|---|---|
| Constitution (130th Amendment) Bill, 2025 | Articles 75, 164, 239AA of Constitution | Automatic removal of PM, Union Ministers, and CMs if detained for 30 consecutive days on charges punishable by 5+ years. If PM or Minister does not advise for removal, automatic cessation on 31st day. |
| Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 | Section 54 of Jammu and Kashmir Reorganisation Act, 2019 | Removal of Ministers in J&K held for 30 consecutive days in custody, Advisory role of Lt Governor on CM’s advice, automatic cessation if no advice. |
| Government of Union Territories (Amendment) Bill, 2025 | Union Territories governance laws | Same removal provisions for ministers in UTs under the Union governance structure. |
The automatic cessation clause represents a significant departure from current practices, where ministers can continue serving indefinitely while facing serious criminal charges. Under the new provisions, if the Prime Minister or relevant authority fails to advise removal by the 31st day, the minister will automatically cease to hold office, ensuring systematic implementation of the removal of PM and chief ministers arrested for 30 days protocol.
Jammu and Kashmir Special Provisions and Union Territory Governance
- The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 targets Section 54 of the 2019 Act
- Separate legislation addresses unique governance structures in Union Territories following Article 370 nullification
The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 specifically addresses the removal of PM and chief ministers arrested for 30 days within the unique governance framework established after Article 370’s nullification. Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, which deals with the Council of Ministers in the union territory, will be amended to include provisions for the removal of PM and chief ministers arrested for 30 days.
This separate legislative approach became necessary because the nullification of Article 370 created a distinct governance structure for Jammu and Kashmir that operates outside the standard constitutional framework. The amendment will insert clause 4A into Section 54, specifying that ministers arrested and held in custody for 30 consecutive days will be removed by the Lieutenant Governor on the Chief Minister’s advice by the 31st day.
The Government of Union Territories (Amendment) Bill, 2025 extends similar provisions to other Union Territories, ensuring comprehensive coverage of the removal of PM and chief ministers arrested for 30 days across all administrative structures. This multi-layered legislative approach demonstrates the government’s commitment to uniform application of accountability standards regardless of territorial governance arrangements.
The legislation acknowledges that different governance structures require tailored approaches while maintaining consistent principles for the removal of PM and chief ministers arrested for 30 days. The Lieutenant Governor’s role in Jammu and Kashmir mirrors the President’s authority at the Union level, ensuring appropriate checks and balances within the territory’s unique administrative framework.
Implementation Mechanisms and Legal Safeguards
- Ministers can seek bail within 30 days to avoid automatic removal
- Removed ministers remain eligible for reappointment upon release from custody
The proposed legislation establishes clear implementation mechanisms for the removal of PM and chief ministers arrested for 30 days while incorporating essential legal safeguards. The bills specify that only offenses punishable by five years or more imprisonment trigger the removal provisions, ensuring that minor charges do not result in the removal of PM and chief ministers arrested for 30 days.
A critical safeguard allows accused politicians to seek bail from the court within the 30-day period, potentially avoiding the automatic removal of PM and chief ministers arrested for 30 days. This provision balances accountability measures with fundamental legal rights, ensuring that ministers have reasonable opportunity to challenge their detention through proper legal channels.
The legislation also includes provisions for reinstatement, allowing removed ministers to be reappointed to their positions upon release from custody. This mechanism ensures that the removal of PM and chief ministers arrested for 30 days serves as a temporary measure rather than permanent disqualification, maintaining the democratic principle that ultimate judgment rests with the electorate.
The automatic cessation clause provides additional protection against potential abuse of the advisory system. If the Prime Minister or Chief Minister fails to advise removal by the 31st day, the detained minister will automatically lose their position, preventing the removal of PM and chief ministers arrested for 30 days mechanism from being circumvented through inaction.
Political Context and Opposition Response
- The bills emerge following high-profile cases like Arvind Kejriwal’s continued tenure while in custody
- Opposition parties express concerns about potential misuse of agencies like the Enforcement Directorate
The introduction of legislation governing the removal of PM and chief ministers arrested for 30 days comes against the backdrop of several high-profile cases where ministers continued serving while facing serious criminal charges. Former Delhi Chief Minister Arvind Kejriwal’s refusal to resign despite being in jail for over five months in the Delhi excise policy case highlighted the constitutional gap that these bills aim to address.
Tamil Nadu Minister V Senthil Balaji’s case also influenced the legislative push for the removal of PM and chief ministers arrested for 30 days provisions. These instances demonstrated the need for clear constitutional mechanisms to handle situations where elected officials face serious criminal allegations while continuing to hold public office.
Opposition parties have raised concerns about the potential for misuse of these provisions, particularly in conjunction with laws like the Prevention of Money Laundering Act (PMLA). The PMLA allows the Enforcement Directorate to arrest individuals and potentially deny bail for extended periods, creating scenarios where the removal of PM and chief ministers arrested for 30 days mechanism could be triggered against political opponents.
The government has moved to refer these bills to a joint parliamentary committee for detailed examination, acknowledging the need for comprehensive debate on the removal of PM and chief ministers arrested for 30 days provisions. This approach ensures that all stakeholders can contribute to refining the legislation while maintaining its core objective of promoting accountability in public office.
Final Perspective
The proposed legislation for the removal of PM and chief ministers arrested for 30 days represents a watershed moment in India’s constitutional evolution, addressing a fundamental gap in political accountability mechanisms. These bills establish unprecedented standards for the removal of PM and chief ministers arrested for 30 days while incorporating necessary safeguards to prevent abuse of the system.
The comprehensive approach, covering Union, state, and Union Territory governance structures, demonstrates the government’s commitment to uniform application of accountability standards. The removal of PM and chief ministers arrested for 30 days provisions will likely transform political behavior, encouraging greater caution among elected officials regarding their conduct and associations.
While opposition concerns about potential misuse merit careful consideration, the legislation’s referral to a joint parliamentary committee provides an opportunity for thorough examination and refinement. The ultimate success of the removal of PM and chief ministers arrested for 30 days framework will depend on its implementation and the judiciary’s role in ensuring that the provisions serve their intended purpose of strengthening democratic institutions rather than becoming tools for political persecution.
