PM, Union Ministers, CMs Held on Serious Criminal Charges to Be Ousted, Govt to Table New Bill in Lok Sabha

New Delhi: The Union Government is set to introduce a significant bill in Parliament to establish a legal framework for the automatic removal of the Prime Minister, a Union Minister, a Chief Minister, or a Minister of a Union Territory if they are arrested or detained on serious criminal charges. The legislation, aimed at ensuring accountability among high-ranking public officials, is expected to be tabled on Wednesday during the ongoing parliamentary session.     

The three bills are: 

• The Government of Union Territories (Amendment) Bill, 2025
• The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025
• The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025

Union Home Minister Amit Shah will move a motion in the Lok Sabha to refer all three bills to a joint parliamentary committee for detailed examination.

Government of Union Territories Amendment Bill

According to the ‘Statement of Objects and Reasons’ of the Government of Union Territories (Amendment) Bill, 2025, a critical legislative gap has been identified. There is currently no provision under the Government of Union Territories Act, 1963 (20 of 1963) for the removal of a Chief Minister or a minister who is arrested and detained in custody on account of serious criminal charges.

"Hence, there is 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. The Bill seeks to achieve the above objectives," the document states. 

This move gains context from last year's major controversy when former Delhi Chief Minister Arvind Kejriwal refused to resign despite being incarcerated in connection with multiple Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the Delhi liquor policy. At the time, top BJP leaders, including Amit Shah, had criticized Mr. Kejriwal for his refusal to quit while in jail, labelling it as "shamelessness."

Constitutional Amendment Bill

The objectives of the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, highlight a similar vacuum at the constitutional level. It states that there is no provision under the Constitution for the removal of a minister who is arrested and detained in custody on account of serious criminal charges.

"Hence, there is a need to amend Articles 75, 164 and 239AA of the Constitution, for providing a legal framework for the removal of the prime minister or a minister in the Union Council of Ministers and the chief minister or a minister in the Council of Ministers of States and the National Capital Territory of Delhi in such cases. The Bill seeks to achieve the above objectives," it explains.

The bill is designed to hold high-ranking public officials accountable by stipulating that any PM, CM, or Minister arrested and detained for a consecutive 30 days for offences punishable by at least five years of imprisonment will lose their position on the 31st day. However, the bill also clarifies that such officials can be reinstated to their positions once they are released from custody, subject to the legal process.

According to officials, this move is intended to ensure that leaders facing legal scrutiny for severe criminal activities, such as corruption, terrorism, or violent crimes, do not continue holding office while under investigation. This provision will be applicable to both Union and State leaders who fall under the ambit of the law.

Jammu and Kashmir Reorganisation Amendment Bill

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 has been drafted with a parallel objective. Its statement of objects and reasons highlights that the Jammu and Kashmir Reorganisation Act, 2019 lacks provisions to remove a Chief Minister or minister of Jammu and Kashmir if they are arrested and detained on serious criminal charges.

"The amendment seeks to update Section 54 of the 2019 Act to establish the required legal mechanism," the statement notes. This brings the governance framework for the Union Territory of Jammu and Kashmir in line with the proposed all-India legislation.

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