PM, CM, ministers to go if held for 30 days for grave offences; 3 Bills to be tabled in LS today

In a move aimed to decriminalise politics, the government will on Wednesday introduce a landmark Constitution amendment Bill to pave the way for removal of the Prime Minister, Union ministers, Chief Ministers and state ministers if arrested and detained for 30 consecutive days for any offence punishable with five-year imprisonment or more.

The Constitution (One Hundredth and Thirtieth Amendment ) Bill, 2025, seeks to amend Articles 75, 164 and 239 AA of the Constitution for providing a legal framework to remove the PM or a minister in the Union Council of Ministers and Chief Minister or a minister in the states and the National Capital Territory of Delhi.

Home Minister Amit Shah will introduce the three Bills — the first parent Bill to amend the Constitution; the Government of UTs (Amendment) Bill, 2025, to bring similar provisions in the union territories and the Jammu and Kashmir Reorganisation Amendment Bill, 2025, to introduce the provisions for removal of CMs and ministers under the jurisdiction of UT.

The amendments come in the backdrop of former Delhi CM Arvind Kejriwal refusing to resign despite his arrest and incarceration at Tihar Jail for months in the Delhi excise policy scam.

A copy of the Bill has been seen by The Tribune. The Bills will be referred to a joint committee of Parliament for wider scrutiny.

After being released, such PM, CMs or ministers can be reappointed, the Bill proposed.

In Article 75 of the Constitution, after clause (5), the Bill seeks to introduce the following clause: “(5A) A minister, who for any period of 30 consecutive days during holding the office, 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 PM to be tendered by the 31st day, after being taken in such custody."

The clause further says, "If the advice of the PM for the removal of such minister is not tendered to the President by the 31st day, he shall cease to be a minister, with effect from the day falling thereafter. Further that in case of the PM, 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 31st day after such arrest and detention, and if he does not tender his resignation, he shall cease to be the PM with effect from the day falling thereafter."

The clause further says, "Nothing in this clause shall prevent such PM or minister from being subsequently appointed as the PM or a minister, by the President, on his release from custody, as per clause (1).”

The Bill moots similar amendments to Article 164 and 239AA to create a legal framework for removal of CMs, ministers in states in case they do not resign in 30 days.