New Delhi: Union Home Minister Amit Shah on Wednesday introduced three bills in the Lok Sabha, including a Constitution Amendment Bill, aimed at removing the Prime Minister or Chief Ministers facing serious criminal charges if they remain in custody for 30 consecutive days.
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, along with the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, were tabled.
The J&K Reorganisation (Amendment) Bill, 2025, proposes changes to Section 54 of the 2019 Act to establish a legal framework for removing the Chief Minister or Ministers arrested or detained on serious charges. It notes that such individuals could undermine constitutional morality, good governance, and public trust.
Currently, the 2019 Act has no provision for removing the CM or Ministers in such cases. To address this, a new Section 5A is being introduced.
For Ministers: If a Minister is in custody for 30 consecutive days on charges carrying a potential jail term of five years or more, the Lieutenant Governor must remove him on the Chief Minister’s advice by the 31st day. If the CM does not advise removal, the Minister automatically ceases to hold office from the following day.
For the Chief Minister: If the CM is detained for 30 consecutive days on similar charges, he must resign by the 31st day. If he fails to do so, he automatically ceases to be CM from the next day.
The amendment also clarifies that once released from custody, such a Chief Minister or Minister may be reappointed by the Lieutenant Governor.
