A Historic Legislative Shift
In what could become one of the most consequential reforms in India’s political framework, the Centre is preparing to table three significant bills in Parliament on Wednesday. These bills collectively aim to create a mechanism for removing the Prime Minister, Union ministers, chief ministers, and state or Union Territory ministers if they are detained for 30 consecutive days on serious criminal charges. If passed, this legislation will mark a turning point, expanding accountability beyond conviction to prolonged detention in cases involving grave offences.
Key Provisions: Automatic Removal After 30 Days
Currently, constitutional provisions only require resignation or removal after a conviction. Under the new proposal, however, any elected head or minister facing arrest and continuous detention for 30 days on charges punishable by at least five years in prison would lose office on the 31st day. This clause covers serious crimes such as murder, terrorism, and large-scale corruption.
For the Prime Minister, the law stipulates resignation by the 31st day of arrest, failing which removal will be automatic. In the case of ministers, the President (on the Prime Minister’s advice) or the Governor (on the Chief Minister’s advice) will be required to act, with removal becoming automatic if no action is taken.
The Three Bills in Focus
Government of Union Territories (Amendment) Bill, 2025 – Proposes amending Section 45 of the 1963 Act to establish a removal mechanism for UT chief ministers and ministers facing serious charges.
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 – Seeks to amend Articles 75, 164, and 239AA to include explicit provisions for the removal of a Prime Minister, Union ministers, and state leaders in such scenarios.
Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 – Suggests changes to Section 54 of the 2019 Act, plugging the gap regarding the removal of detained ministers in J&K.
Home Minister Amit Shah is also expected to move a motion in the Lok Sabha to send these bills to a joint committee for further scrutiny.
Why Now? The Context Behind the Reform
The move comes against the backdrop of controversies involving leaders who remained in office despite being behind bars. Former Delhi Chief Minister Arvind Kejriwal continued to discharge duties from prison for six months following his arrest in the excise policy case, while Tamil Nadu minister V. Senthil Balaji held office after being jailed in a money laundering case. These instances fueled debates on whether prolonged detention undermines the credibility of governance.
Traditionally, ministers have stepped down voluntarily when facing imminent arrest, a practice seen as necessary for administrative stability. However, recent examples demonstrated that voluntary resignation is no longer a guaranteed norm, prompting the government to push for a legally binding framework.
Political Reactions and Anticipated Debate
Opposition parties have not yet issued an official response but are scheduled to hold internal consultations before the bills are tabled. Early signals suggest they may raise concerns over possible misuse of such provisions for political vendettas. Critics may argue that prolonged detention before trial does not equal guilt, and therefore automatic removal could clash with the presumption of innocence.
At the same time, supporters of the bill view it as a decisive step toward restoring public faith in democratic institutions, particularly at a time when corruption and criminality in politics remain pressing concerns.
Lessons from the Past
India has witnessed repeated calls to cleanse politics of individuals facing criminal cases. The Supreme Court and Election Commission have often highlighted the need for greater accountability. Earlier reforms, such as disqualification upon conviction under the Representation of the People Act, were seen as milestones. The proposed amendment builds on that foundation, shifting the focus from post-conviction accountability to pre-conviction restraint in extreme cases.
Balancing Justice and Governance
The introduction of these bills signals the government’s intent to raise the bar of integrity for those holding the highest offices. Yet, the success of this reform will depend on ensuring that safeguards prevent its misuse as a tool for political rivalry. Striking a balance between protecting democratic rights and maintaining the dignity of public office will be essential. If Parliament manages to refine and adopt these provisions responsibly, India could witness a stronger, more transparent political system where the rule of law supersedes partisan interests.
(With agency inputs)
