Will cease to be CM, Minister for not resigning for 31 days
Legal framework for removal of PM, Ministers, CMs of States, other UTs
JAMMU, Aug 20:
Union Home Minister Amit Shah is expected to introduce in the Lok Sabha three bills including the Constitution (One Hundred and Thirtieth) Amendment Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganization (Amendment) Bill, 2025 providing legal framework for removal of the Prime Minister or a Minister in the Union Council of Minister and the Chief Minister or a Minister in the Council of Ministers of States and Delhi besides the Union Territories including J&K.Travel guides for Jammu
Shah will also introduce Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 seeking to amend Section 54 of the Jammu and Kashmir Reorganization Act, 2019 for providing legal framework for removal of the Chief Minister or a Minister.
Shah is expected to move a motion in the Lok Sabha to refer these three bills to a Joint Committee of Parliament.
The statement of objects and reasons attached to Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 said a Minister, who is facing allegations 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 Constitution’s trust reposed by people in him.
“However, there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for removal of the Chief Minister or a Minister who is arrested and detained in custody on account of serious criminal charges. In view of this, there is a need to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019 for providing legal framework for removal of the Chief Minister or a Minister in such cases,” the statement said, adding the bill seeks to achieve these objectives.
The statement further read that elected representatives represent hopes and aspirations of the people of India. It is expected that they rise above political interests and act only in the public interest and for welfare of the people. It is expected that character and conduct of Ministers holding the office should be beyond any ray of suspicion, it said.
As per the amendment, 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 Lieutenant Governor on the advice of the Chief Minister by the 31st day after being taken in custody.
“Provided that if the advice of the Chief Minister, for the removal of such Minister is not tendered to the Lieutenant Governor by the 31st day, he shall cease to be a Minister with effect from the day falling thereafter,” the amendment proposed.
In case of the Chief Minister, the amendment proposed that if for any period of 30 consecutive days during holding the office, he is arrested and detained in custody, on allegation of committing an offence under any law for 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 31st day after the arrest and detention.
And if he didn’t tender his resignation, he shall cease to be the Chief Minister with effect from the day falling thereafter, the amendment proposed.
However, nothing shall prevent such Chief Minister or a Minister, from being subsequently appointed as the CM or a Minister, by the Lieutenant Governor, on his release from custody.
Meanwhile, the Government of Union Territories (Amendment) Bill, 2025 also proposed similar provisions to provide a legal framework for the removal of a Chief Minister or a Minister in such cases.
However, 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. The Bill seeks to achieve the above objectives, the statement of objects and reasons read.