Union Home Minister Amit Shah on Wednesday introduced three significant bills in the Lok Sabha, including the Constitution (130th Amendment) Bill, 2025, which seeks to provide a legal framework for the removal of the Prime Minister, Chief Ministers, or Ministers facing allegations of corruption or serious offences if detained for 30 consecutive days.
Alongside the Constitution Amendment, Shah also tabled the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
The Jammu and Kashmir Reorganisation (Amendment) Bill proposes to amend Section 54 of the 2019 Act to enable removal of a Chief Minister or Minister if arrested or detained on serious criminal charges. Currently, the Act has no such provision.
The draft amendment introduces a new Section (5A), which mandates that:
- A Minister, if arrested and detained for 30 consecutive days on charges punishable with imprisonment of five years or more, shall be removed from office by the Lieutenant Governor on the advice of the Chief Minister, effective from the 31st day.
- If the Chief Minister does not provide such advice within the stipulated time, the Minister will automatically cease to hold office thereafter.
- Similarly, if a Chief Minister is arrested under such charges, he or she must resign within 31 days. Failing that, the office will stand vacated automatically.
- However, the amendment allows such a Chief Minister or Minister to be reappointed after release from custody, as per existing provisions.
The bills, according to the Home Ministry, aim to uphold constitutional morality, good governance, and public trust by ensuring that individuals facing serious criminal allegations do not continue in high offices while under detention.
