The Union government is set to move a fresh Constitution amendment Bill in the Lok Sabha to provide 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.
The Constitution (One hundred and Thirtieth Amendment) Bill, 2025 will be tabled in Lok Sabha by Union Home Minister Amit Shah on Wednesday and Thursday.
Two similar amendments will be brought in for Jammu and Kashmir and other Union Territories by way of The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, and The Government of Union Territories (Amendment) Bill, 2025.
These three bills after introduction are likely to be sent to a Joint Committee of Lok Sabha and Rajya Sabha for further scrutiny.
The 130th amendment bill proposes to add clauses to Articles 75,164 and 239AA of the Constitution.
According to the bills, a Central minister shall be removed from the office by the President on the advise of the Prime Minister and in case such advised is not given by 31st day, he shall cease to be a minister.
For Prime Minister, the proposed law states that he shall tender resignation by the 31st day after arrest and detention and if fails to do so, he shall cease to be the Prime Minister.
However, the Prime Minister or the minister can be re-appointed on release from custody.
Similar law is proposed for State Chief Ministers and other ministers.
In the statement of objects and reasons for the proposed amendments, the Home Minister has said that the elected representatives represent hopes and aspirations of the people of India and it is expected that they rise above political interests and act only in the public interest and for the welfare of people.
"It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion. A Minister, who is facing allegation of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him," the statement reads.
The proposed amendments are as follows:
Article 75 - Prime Minister and Other Ministers
2. In article 75 of the Constitution, after clause (5), the following clause is proposed to be inserted,
“(5A) A Minister, who for any period of thirty 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:
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 thirty 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:
Provided also that nothing in this clause shall prevent such Prime Minister or Minister from being subsequently appointed as the Prime Minister or a Minister, by the President, on his release from custody, as per clause (1).”
Article 164 - Chief Minister and Other Ministers
In Article 164 of the Constitution, after clause (4), the following clause shall be inserted, namely:––
“(4A) A Minister, who for any period of thirty 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 Governor on the advice of the Chief Minister to be tendered by the thirty-first day, after being taken in such custody:
Provided that if the advice of the Chief Minister, for the removal of such Minister is not tendered to the Governor 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 a Chief Minister, who for any period of thirty 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 Chief Minister, with effect from the day falling thereafter:
Provided also that nothing in this clause shall prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the Governor, on his release from custody, as per clause (1).”
Article 239AA - Delhi Chief Minister and Other Ministers
In article 239AA of the Constitution, after clause (5), the following clause shall be inserted, namely:—
“(5A) Subject to the provisions of this Constitution, if a Minister, who for any period of thirty 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 Chief Minister to be tendered by the thirty-first day, after being taken in such custody:
Provided that if the advice of the Chief Minister for 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 Chief Minister, who for any period of thirty 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 Chief Minister, with effect from the day falling thereafter:
Provided also that nothing in this clause shall prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the President, on his release from custody, as per clause (5).”
What led to the proposed law?
In the recent past, there have been two instances where a Chief Minister and a State minister did not resign despite their arrest in criminal cases.
Delhi's former Chief Minister Arvind Kejriwal was incarcerated for over five months in the liquor policy case last year after arrest by the Central Bureau of Investigation (ED) and Enforcement Directorate (ED). He resigned only after he was granted interim bail by the Supreme Court, which had also ordered that he shall not visit the Office of the Chief Minister and the Delhi Secretariat.
Similarly, a controversy had surrounded former Tamil Nadu minister V Senthil Balaji, who was arrested by the ED in June 2023 in a money laundering case. Though he remained without any portfolio, he resigned only in February 2024.
When the Supreme Court granted him bail in September 2024, he was re-instated. However, he had to resign again in April this year after the top court said he must resign or go back to jail.
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