Bill to remove 'tainted' PM, CM tabled in Lok Sabha; referred to parliamentary panel

Amit Shah also moved a motion in the Lok Sabha to refer these three bills to a joint committee of Parliament.

Union Minister Amit Shah on Wednesday introduced three bills in Lok Sabha that mandate the removal of a Prime Minister, Union Minister, Chief Minister or Minister of State or Union Territory if they remain in jail for 30 consecutive days in connection with serious criminal charges.

Shah also moved a motion in the Lok Sabha to refer these three bills to a joint committee of Parliament.

The Bill proposes to amend Article 75 of the Constitution, which primarily deals with the appointment and responsibilities of the Council of Ministers, including the Prime Minister.

Former Delhi chief minister Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji had not resigned from their posts ever after their arrests on different charges.

Key aspect of bills

“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 Bill states.

According to the statement of objects and reasons of the Government of Union Territories (Amendment) Bill 2025, 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.

Thus 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.

The objectives of the Constitution (One Hundred And Thirtieth Amendment) Bill, 2025, say 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.

Hence there is a need to amend Articles 75, 164 and 239AA of the Constitution, for providing a legal framework for the removal of the prime minister or a minister in the Union Council of Ministers and the chief minister or a minister in the Council of Ministers of States and the National Capital Territory of Delhi in such cases. This bill seeks to achieve the above objectives.

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.