Monsoon session: Govt to bring key bills to oust PM, CMs, ministers arrested over serious criminal charges

Those facing arrest and detention for 30 consecutive days on offences punishable with at least five years of jail term will stand dismissed from their post on the 31st day

The government is reportedly planning to table three bills in Parliament on Wednesday seeking provisions for the removal of a prime minister, Union minister, chief minister, or state/UT minister if they remain under arrest or detention on serious criminal charges for 30 consecutive days.

Those facing arrest and detention for 30 consecutive days on offences punishable with at least five years of jail term will stand dismissed from their post on the 31st day.

According to news agency PTI, the proposed legislations are -- Government of Union Territories (Amendment) Bill 2025; the Constitution (One Hundred And Thirtieth Amendment) Bill 2025; and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025.

Union Home Minister Amit Shah will also move a motion in the Lok Sabha to refer these three bills to a joint committee of Parliament.

It may be noted that former Delhi chief minister Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji had not stepped down from their posts even after their arrests on different charges.

"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 bill says, as per PTI.

It also said: "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".

"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," it added.

Government of Union Territories (Amendment) Bill, 2025

The Government of Union Territories Act, 1963, currently has no provision for the removal of a chief minister or minister if arrested or detained for serious criminal charges. The proposed bill would amend Section 45 of the Act to address this gap.

Constitution (One Hundred and Thirtieth Amendment) Bill, 2025

There is no provision under the Constitution for the removal of the prime minister, Union ministers, chief ministers, or state/Delhi government ministers if arrested and detained on such charges. The bill seeks to amend Articles 75, 164, and 239AA to create this framework.

Jammu and Kashmir Reorganisation (Amendment) Bill, 2025

The Jammu and Kashmir Reorganisation Act, 2019, does not provide for the removal of the UT's chief minister or a minister detained on account of serious criminal charges. The proposed bill would therefore amend Section 54 of the Act seeks to address this.

(With PTI inputs)