India Bills Aim to Oust Charged Officials

The Centre, on Wednesday, August 20, introduced the bills for the removal of a Prime Minister, Chief Minister, and Ministers of a state or Union Territory when they are arrested or detained for more than 30 days on account of

serious charges.

Union Home Minister Amit Shah tabled the Constitution (One Hundred And Thirtieth Amendment) Bill 2025; the Government of Union Territories (Amendment) Bill 2025; and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025, in Lok Sabha.

According to these bills, the officials would lose his post on the 31st day if they are arrested and detained in a police custody for 30 days continuously.

"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 thirty-first day, after being taken in such custody," one of the bills states, reported news agency PTI.

"Provided that if the advice of the prime minister, for the removal of such minister is not tendered to the

President by the thirty-first day, he shall cease to be a minister, with effect from the day falling thereafter," it added.

"Provided further that in case of the prime 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 tender his resignation by the thirty-first day after such arrest and detention, and if he does not tender his

resignation, he shall cease to be the Prime Minister with effect from the day falling thereafter," the bill further states.

According to the statement of objects and reasons of the Constitution (One Hundred And Thirtieth Amendment) Bill, 2025, there is no provision under the Constitution for the removal of a minister who is arrested and detained in custody on account of serious criminal charges.

Therefore, there is a need to amend Articles 75, 164 and 239AA of the Indian Constitution, for providing a legal framework

to remove the PM or a minister in the Union Council of Ministers, and the CM or a minister in the Council of Ministers of States and the National Capital Territory of New Delhi in such cases.

The objective of the Government of Union Territories (Amendment) Bill 2025, state that there is no provision under the Government of Union Territories Act, 1963 (20 of 1963) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.

Therefore,

there is a need 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 a minister in such cases.

Similarly, the objectives of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, say there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.

Hence, there is a

need to amend section 54 of the Jammu and Kashmir Reorganisation 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.