New Delhi, 20 August

The government is planning to introduce three bills in Parliament on Wednesday for the removal of a prime minister, a Union minister, a chief minister or a minister of a state or Union Territory when arrested or detained on serious criminal charges for 30 days in a row.

If any one of them is arrested and detained in custody for consecutive 30 days for offences that attract a jail term of at least five years, they will lose their job on the 31st day.

These bills are the Government of Union Territories (Amendment) Bill 2025; the Constitution (One Hundred And Thirtieth Amendment) Bill 2025; and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025.

Union Home Minister Amit Shah will also move a motion in the Lok Sabha to refer these three bills to a joint committee of Parliament.

Interestingly, former Delhi chief minister Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji had not resigned from their posts ever after their arrests on different charges.

"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 thirty-first day, after being taken in such custody," one of the bill says.

It also said: "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 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 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," it added.

According to the statement of objects and reasons of the Government of Union Territories (Amendment) Bill 2025, there is no provision under the Government of Union Territories Act, 1963 (20 of 1963) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.

Hence, there is a need to amend section 45 of the Government of Union Territories Act, 1963, to provide a legal framework for the removal of a chief minister or a minister in such cases. The Bill seeks to achieve the above objectives.

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. This bill seeks to achieve the above objectives.

The objectives of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, say there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.

Hence, there is a need to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to provide a legal framework for the removal of the Chief Minister or a Minister in such cases. The Bill seeks to achieve the above objectives.