The government will present an important bill in Parliament today, if the PM or CM stays in jail for more than 30 days, they will lose their chair

New Delhi. The Central Government will present three bills in the Lok Sabha on Wednesday, which aim to remove the Prime Minister (PM), Union Minister, Chief Minister (CM) and Ministers from their posts if they are arrested or detained in serious criminal cases.

In fact, at present there is no provision in any law that leaders can be removed from their posts in case of arrest or judicial custody. With the aim of removing these shortcomings, the government has prepared three bills which will crack down on leaders accused in serious criminal cases.

The bills that the Central Government will present on Wednesday include the Union Territory Government (Amendment) Bill 2025, the Constitution (One Hundred and Thirtieth Amendment) Bill 2025 and the Jammu and Kashmir Reorganization (Amendment) Bill 2025. It is being told that Union Home Minister Amit Shah will also introduce a proposal in the Lok Sabha to send these three bills to the Joint Committee of Parliament.

What is the Union Territory Amendment Bill?
According to the statement of objects and reasons of the Union Territory (Amendment) Bill, 2025, there is no such provision in the Union Territories Act, 1963 (20 of 1963), under which the Chief Minister or Minister can be removed in the event of arrest and detention on serious criminal charges. Therefore, it is necessary to make legal provision for such a situation by amending section 45 of this law. This bill seeks to achieve the above objectives.

130th Amendment of the Constitution
The objectives of the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 state that there is no such provision in the Constitution that a minister can be removed in the event of arrest and detention on serious criminal charges. Therefore, there is a need to amend Articles 75, 164 and 239AA of the Constitution to make a provision for the removal of the Prime Minister or Union Minister and the Chief Minister or Minister of the states and Delhi.

At the same time, under the new provisions, if any minister, including the Prime Minister, Chief Minister or Minister of the states, is detained for 30 consecutive days for a crime punishable with a term of five years or more, then he can be removed from the post.

Clause will be added in the J&K Reorganization Act
The objectives of the Jammu and Kashmir Reorganization (Amendment) Bill, 2025 state that there is no such provision in the Jammu and Kashmir Reorganization Act, 2019 (34 of 2019), under which the Chief Minister or Minister can be removed in the event of arrest and detention on serious criminal charges. Therefore, its section 54 will be amended and a new section (4A) will be added.
Will be automatically removed from the post on the 31st day

According to this section, if a minister remains in custody for 30 consecutive days during his tenure, he will be removed by the Lieutenant Governor on the advice of the Chief Minister on the 31st day. In the same sequence, if the Chief Minister does not take cognizance of this, then the minister will automatically be removed from the post the next day.

A similar mechanism is also proposed for the Central Government and State Governments, where the detained minister or Prime Minister will be removed on the 31st day of 30 consecutive days of detention.

Emphasis on public confidence in representatives
The statement of object and reasons of the bill emphasizes the urgent need to protect constitutional morality and maintain public confidence in elected representatives.

It says that elected leaders symbolize the hopes and aspirations of the people, but at present there is no provision in the Constitution to remove a Prime Minister or Minister who is arrested and detained on serious criminal charges.

The statement also said that it is expected that the character and conduct of ministers in office should be beyond any doubt. Ministers facing serious criminal charges, arrested and detained may disrupt or impede the principles of constitutional morality and good governance, thereby undermining the constitutional trust placed in them by the public.