 "Explained: Centre's 3 Bills on removal of PM, CMs and other ministers facing criminal charges")
The Centre is expected to introduce three major bills in the Lok Sabha on Wednesday (August 20). Union Home Minister Amit Shah will bring the Constitution (130th Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 in the Lower House during the ongoing monsoon session of the Parliament.
The proposed laws aim to remove the Prime Minister, chief ministers and ministers across the Centre, states and Union Territories (UTs) arrested on serious offences and detained for at least 30 days. A big uproar is likely over the bills, with the opposition already expressing concerns.
But why?
We will explain.
Bills to remove arrested PM, CMs to be tabled
The Constitution (130th Amendment) Bill, 2025, could be tabled in the Lok Sabha today. It will amend Article 75 of the Constitution, which primarily outlines the appointment and responsibilities of the Council of Ministers, including the PM.
“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 President on the advice of the Prime Minister to be tendered by the 31st day after being taken in such custody,” the Bill states.
“Provided further that in case of the Prime 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 tender his resignation by the 31st 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…”
The J&K Reorganisation (Amendment) Bill will introduce a similar clause. If a minister in Jammu and Kashmir is arrested and kept in custody for at least 30 days for an offence punishable by jail for five years or more, they can be sacked by the Lieutenant Governor (LG) on the advice of the chief minister.
Impact Shorts
More Shorts“A minister who is arrested and detained in custody for any period of 30 consecutive days, on allegations of committing an offence under any law currently in force, punishable with imprisonment for a term of five years or more, shall be removed from office by the Lieutenant Governor on the advice of the Chief Minister, by the 31st day of being taken into custody,” the bill says.
Clause 5A will be added to Section 45 of the Union Territories Act to include a similar provision.
The proposed legislation allows for the removal of the PM, CMs and ministers – if arrested for at least 30 days on graft charges or other serious crimes – even without conviction.
Why are the Bills being brought?
Currently, there are laws that deal with the disqualification of elected representatives.
The Representation of the People’s Act, 1951 states that members of state legislatures and Parliament can be disqualified if they are convicted with a sentence of two years or more.
In case of convictions for serious offences such as corruption and drug trafficking, disqualification can be done irrespective of the duration of the sentence.
The Centre is now coming up with laws that would lead to the removal of ministers, including the PM and CMs, if arrested for 30 days or more.
According to the statement of objects and reasons attached to the proposed Bill, “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 constitutional trust reposed by people in him.”
It also says 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 the welfare of the people… It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion”.
Last year, the then Delhi Chief Minister Arvind Kejriwal had refused to resign after his arrest in a liquor “scam” case. After spending months in jail, he was released on bail and only then he stepped down, naming Atishi as his successor .
In 2023, V Senthil Balaji, a minister in Tamil Nadu’s DMK government, was arrested in an alleged money laundering case, leading to Governor RN Ravi dismissing him. CM MK Stalin had reinstated Balaji after the Supreme Court granted him bail. However, after the top court raised concerns over his return, Balaji was removed from the government.
The amendment to the Constitution that the Centre will bring does not prevent PMs, CMs, or ministers from returning to their posts if released from custody. “Nothing in this clause shall prevent such Chief Minister or Minister (or Prime Minister)from being subsequently appointed as the Chief Minister or a Minister, by the President, on his release from custody, as per clause (5)," the bill states.
Once tabled, the bills are likely to be sent to a Joint Committee of both Houses for further scrutiny and discussion.
Row over the Centre’s bills
Opposition has hit out at the Centre over the proposed bills, expressing concern about their disproportionate use against non-NDA governments.
Congress MP Abhishek Singhvi wrote on X that the “new proposed law removes incumbent CM, etc, immediately on arrest”. “Best way to destabilise opposition is to unleash biased central agencies to arrest oppo(sition) CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests. And no ruling party incumbent CM ever touched,” he posted.
TMC Lok Sabha MP Mahua Moitra claimed the proposed legislation bypasses both the federal structure and the judiciary. “Opposition predictions come true- Constitution being changed by BJP with only 240 MPs. New bill bypasses both federal structure & judiciary - Union govt can use ED CBI to arrest elected opposition CM on fake charges and sack them without proven guilty by a court,” she posted on X.
Opposition predictions come true- Constitution being changed by BJP with only 240 MPs. New bill bypasses both federal structure & judiciary - Union govt can use ED CBI to arrest elected opposition CM on fake charges & sack them WITHOUT proven guilty by a court.
— Mahua Moitra (@MahuaMoitra) August 20, 2025
AIMIM MP Asaduddin Owaisi wrote a notice to the Lok Sabha Secretary General, claiming the bill violates the principles of federalism, double jeopardy, separation of powers, and due process.
“This amendment would allow the executive agencies a free run to become the judge, jury and executioner. Based on a flimsy allegation and a mere suspicion, any agency would be able to proceed with detaining a Minister or Chief Minister. In a rule of law society, a person can be punished only after a trial by an independent judiciary, and only when the offence is proven beyond a reasonable doubt. In this case, on a mere accusation ‘allegation, the punishment of losing one’s ministerial post would flow. The principle of separation of powers is part of the basic structure of the constitution,” Owaisi said, as per ANI.
#WATCH | Delhi | On the bill for the removal of the PM, CMs, and ministers held on serious criminal charges, AIMIM MP Asaduddin Owaisi says, "This bill is unconstitutional..Who will arrest the Prime Minister?...All in all, the BJP government wants to make our country a police… pic.twitter.com/b8b7UTn6Pn
— ANI (@ANI) August 20, 2025
“The severity of the amendment is not only in the fact that one loses their position if they are arrested, but even if they are detained. Detention is an administrative action and does not require an offence to be made. The effect of such an amendment would be that Ministers and Chief Ministers would not be able to carry out their constitutional duties for fear of reprisals and would effectively be subjugated to the investigation agencies of the Union government,” he warned.
With inputs from agencies
 "Russian drones over Poland: Trump’s tepid reaction a wake-up call for Nato?")
 "As Russia pushes east, Ukraine faces mounting pressure to defend its heartland")
 "Why Mossad was not on board with Israel’s strike on Hamas in Qatar")
 "Turkey: Erdogan's police arrest opposition mayor Hasan Mutlu, dozens officials in corruption probe")
 "Russian drones over Poland: Trump’s tepid reaction a wake-up call for Nato?")
 "As Russia pushes east, Ukraine faces mounting pressure to defend its heartland")
 "Why Mossad was not on board with Israel’s strike on Hamas in Qatar")
 "Turkey: Erdogan's police arrest opposition mayor Hasan Mutlu, dozens officials in corruption probe")
