Bills to remove convicted PM, CMs, ministers from power introduced in Lok Sabha, sent to JPC

The Constitution (One Hundred and Thirtieth) Amendment Bill was tabled in Lok Sabha by Union Home Minister Amit Shah, aiming to provide a legal framework for the removal of the Prime Minister, Union ministers, chief ministers and state ministers who are arrested or detained on account of serious criminal offences.

The bill was mooted by the Union Home Ministry and cleared by the Union Cabinet on Tuesday. Home Minister Amit Shah proposed to refer these three bills to a joint committee of Parliament. Lok Sabha passed the resolution to refer the Bills introduced by Amit Shah to Joint Committee of Parliament (JPC)

"I am about to make a request for the Bill to be sent to the JPC...JPC will have members of Lok Sabha and Rajya Sabha, Ruling and Opposition sides. They will deliberate on this and bring it before you," he said before proposing the motion.


The Bill seeks to add a clause to Article 75 of the Constitution and to other similar laws dealing with Union Territories and Jammu and Kashmir. The other two bills include Government of Union Territories (Amendment) Bill 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025.

The Bill proposes that a minister in a state or at the Centre would cease to hold office if he/she is arrested and detained in custody for 30 days in a case carrying a punishment which may extend to five years' imprisonment. However, the minister, including the chief minister or the Prime Minister, can tender a reason before the 31st day of arrest to avoid cessation.

The legal framework is similar for ministers in states and Union Territories, at the Centre, as well as for chief ministers and the Prime Minister.

Objective of the Bill:

The statement of Objects and Reasons of the Government of Union Territories (Amendment) Bill 2025 mentioned that 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.

This raises 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.

Similar objectives have been stated under objective of the Constitution (One Hundred And Thirtieth Amendment) Bill, 2025 and Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.

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, statement of objects and reasons stated.