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Bills proposing removal of arrested ministers referred to Joint Parliamentary Committee

Union Home Minister Amit Shah moved the resolution for referral, which was adopted amid interruptions from opposition members.

S N Thyagarajan

The Lok Sabha on Wednesday referred three recently introduced bills, including a constitutional amendment proposal, to a Joint Committee of Parliament for further scrutiny.

Union Home Minister Amit Shah moved the resolution for referral, which was adopted amid interruptions from opposition members.

These include the Constitution (One hundred and Thirtieth Amendment) Bill, 2025, which provides for removal of a minister - including the Prime Minister or Chief Minister - who is arrested and detained in custody for at least 30 days in a case with minimum imprisonment of 5 years.

Constitution (130th Amendment) Bill, 2025

The Bill proposes amendments to Articles 75, 164 and 239AA of the Constitution.

  • It provides that a Union Minister, State Minister, or Delhi Minister who remains under arrest and detention for 30 consecutive days in connection with an offence punishable with at least five years’ imprisonment shall be removed from office.

  • The removal would be effected by the President (at the Union level) or Governor (at the State level) on the advice of the Prime Minister or Chief Minister, respectively.

  • In the case of the Prime Minister or a Chief Minister, they would be required to resign by the thirty-first day; failing that, they would automatically cease to hold office.

  • The Bill clarifies that such individuals may be re-appointed after release from custody.

Government of Union Territories (Amendment) Bill, 2025

This Bill seeks to amend Section 45 of the Government of Union Territories Act, 1963.

  • It mirrors the provisions of the constitutional amendment, applying them specifically to Union Territory administrations.

  • A UT Minister, including the Chief Minister of a Union Territory, would cease to hold office if under detention for 30 consecutive days in cases involving offences punishable with at least five years’ imprisonment.

  • The Chief Minister is required to resign by the thirty-first day, failing which the office will automatically fall vacant.

  • The Bill also provides that such individuals may be re-appointed once released.

Jammu and Kashmir Reorganisation (Amendment) Bill, 2025

The third Bill amends Section 54 of the Jammu and Kashmir Reorganisation Act, 2019.

  • The proposed Section 54(5A) incorporates the same removal mechanism for the Chief Minister and Council of Ministers of Jammu and Kashmir.

  • A minister detained for 30 consecutive days on serious criminal charges would be removed by the Lieutenant Governor on the advice of the Chief Minister.

  • If the Chief Minister himself is detained, resignation must be tendered by the thirty-first day, failing which the post would automatically fall vacant.

  • Re-appointment after release is permitted under the amendment.

The Joint Committee will now examine the texts in detail and present its report in the next parliamentary session.

Read Constitution Amendment Bill

Constitution Amendment Bill.pdf
Preview

Read J&K Amendment Bill

J&K Amendment.pdf
Preview

Read UT Amendment Bill

UT Amendment Bill.pdf
Preview

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