Bill to remove J&K CM, ministers who spend 30 days in jail to be introduced in Parliament today

The Central government will introduce the Jammu & Kashmir Reorganisation (Amendment) Bill, 2025 in Parliament today, proposing strict accountability measures for Ministers and the Chief Minister of Jammu & Kashmir facing serious criminal charges.

The Bill seeks to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, the law enacted after the abrogation of Article 370 and 35A on August 5, 2019. The Act bifurcated the erstwhile State into two Union Territories; Jammu & Kashmir and Ladakh, and laid down the framework for governance, representation and administration in the region.

The amendment stipulates that any Minister or Chief Minister who is arrested and detained for 30 consecutive days on allegations of having committed offences punishable with five or more years imprisonment, shall be removed from office. If the Chief Minister fails to resign within 31 days of such detention, they will automatically cease to hold office. Similar provisions apply to other Ministers, with the Lieutenant Governor acting on the advice of the Chief Minister.

The amendment also allows for the possibility of reappointment once the detained Minister or Chief Minister is released.

The move, according to the Statement of Objects and Reasons, is intended to uphold constitutional morality, good governance and public trust, ensuring that elected representatives act above political interests and maintain conduct beyond suspicion.

Union Home Minister Amit Shah emphasised that the amendment provides a legal framework for the removal of Ministers and the Chief Minister facing serious criminal charges, addressing a gap in the 2019 Reorganisation Act.

"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," it states.

A similar Bill will be tabled to apply pan-India. The Constitution (One hundred and Thirtieth Amendment) Bill provides for the 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.

[Read Amendment Bill]