20 Aug 2025 : Union home minister Amit Shah is set to introduce three major bills in the Lok Sabha on Wednesday, proposing that a sitting minister, chief minister or even the prime minister can lose their position within a month if they are arrested or detained for 30 consecutive days over an offence that carries a jail term of five years or more.
The list of government business in the Lok Sabha showed that the Centre will introduce three bills – The Constitution (130th Amendment) Bill, The Jammu & Kashmir Reorganization (Amendment) Bill and The Government of Union Territories (Amendment) Bill – in the Lower House on Wednesday.
A copy of the constitution amendment bill, reviewed by HT, proposed a new 5(A) clause in Article 75 of the Constitution that says, “A minister, who for any period of thirty 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.”
It says that even if the PM’s advice “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.”
Under the new amendment, the law for a PM has also been tightened. “Provided further that in case of the Prime Minister, who for any period of thirty 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,” the legislation said.
It added that a Prime Minister or a minister can be “subsequently appointed as the Prime Minister or a Minister, by the President, on his release from custody, as per clause (1).”
The same provision shall be applicable in the case of CMs and ministers in different states and Union Territories.
There are two days left in the monsoon session, which is set to close on August 21. The Opposition has boycotted proceedings on several occasions in this session and protests have marred proceedings.
There is currently no provision to remove a sitting minister if they are accused of a crime. Only a member of Parliament or legislative assembly can lose their seat (and if they’re a minister, effectively their ministership) if they are convicted for a crime that carries a punishment of two years imprisonment or more.
“The 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 people. It is expected that the character and conduct of ministers holding the office should be beyond any ray of suspicion,” the statement of object and reasons said.
“A minister, who is facing allegation 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,” the statement added.
“There is however, no provision under the Constitution for removal of a minister who is arrested and detained in custody on account of serious criminal charges,” it further said.
The constitution amendment bill sought to amend Articles 75, 164 and 239AA of the Constitution. The union territories bill sought to amend section 45 of the Government of Union Territories Act, 1963. The J&K reorganisation bill sought to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019.
In the past, many ministers have continued in their position even after central agencies have arrested them. While the detention or arrest of a sitting PM is unlikely to happen, the Opposition may argue that the law can be misused to remove important ministers or even CMs by detaining or arresting them. Over the past five years, sitting chief ministers such as former Delhi CM Arvind Kejriwal or Jharkhand CM Hemant Soren have been arrested by central agencies, with the Opposition alleging that the charges were politically motivated.
Reacting to the development, Congress MP Abhishek Manu Singhvi said, “Wht a vicious circle! No guildelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!”
Summary:
The government will present three significant bills today, proposing removal of the Prime Minister, Chief Ministers, and ministers from office if arrested for more than 30 days.