Surinder Sharma
August 20, 2025: Union Home Minister Amit Shah on Wednesday introduced three significant bills in the Lok Sabha aimed at bringing greater accountability among elected leaders. A key provision common to all three proposes that if a Prime Minister, Chief Minister, or any minister is arrested or remains in custody for 30 days in connection with an offence punishable by five years or more in prison, they will be mandatorily required to vacate their office.
The Three Bills Introduced:
- Government of Union Territories (Amendment) Bill, 2025
- 130th Constitution Amendment Bill, 2025
- Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
The proposed legislation sparked heated protests in Parliament. Opposition parties demanded immediate withdrawal of the bills, accusing the government of misusing legislative powers for political ends. Congress and AIMIM MP Asaduddin Owaisi strongly opposed the move, with Opposition members throwing paper balls at the Home Minister. The Samajwadi Party labeled the bills as “anti-judiciary” and “anti-Constitution.”
In response, Amit Shah recommended that all three bills be referred to a Joint Parliamentary Committee (JPC) for further examination.
Background & Context:
The legislative push comes after high-profile incidents involving sitting ministers who remained in office despite extended judicial custody.
- Delhi Chief Minister Arvind Kejriwal was arrested by the Enforcement Directorate in a liquor policy-related money laundering case but did not resign until he was granted bail, making him the first sitting CM in India to be arrested while in office.
- Tamil Nadu Minister V. Senthil Balaji continued in his post for 241 days while in jail on money laundering charges linked to a job-for-cash scam during his tenure with the Metropolitan Transport Corporation. Though his portfolios were reassigned, CM M.K. Stalin retained him as a minister without portfolio until February 13, 2024.
Details of the Bills:
1. Government of Union Territories (Amendment) Bill, 2025
Seeks to amend Section 45 of the Government of Union Territories Act, 1963. Currently, there is no legal mechanism to remove a CM or minister in Union Territories if they are arrested on serious criminal charges. The amendment aims to introduce a formal legal framework for such cases.
2. 130th Constitution Amendment Bill, 2025
Proposes amendments to Articles 75, 164, and 239AA of the Constitution to create a provision for the removal of the Prime Minister, Union Ministers, Chief Ministers, or State Ministers if they are arrested or held in custody for 30 days or more in connection with serious offences.
3. Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
Proposes amendments to Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to allow for the removal of the Chief Minister or a minister in the event of their arrest or prolonged custody in a serious criminal case.
Government’s Position:
The central government argues that these amendments are essential to uphold democratic integrity and the credibility of public office. Under the current legal framework, only convicted representatives are disqualified or required to step down, leading to ambiguity and legal-political disputes in cases of arrest or prolonged custody without conviction.
Importantly, the bills do not define the exact nature of crimes, but specify that the minimum punishment must be five years or more, which would include grave offences such as murder, major corruption, and other serious crimes.
