Centre to Table Bills for Removal of PM, CMs Jailed Over 30 Days

A bill seeking the removal of elected representatives arrested or detained on serious criminal charges will be introduced in Parliament on Wednesday. The proposed law will apply to the Prime Minister, Union Ministers, Chief Ministers, as well as ministers of Union Territories.

Along with this, two other bills, the Government of Union Territories (Amendment) Bill, 2025, the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, may be referred to a parliamentary committee. Union Home Minister Amit Shah will also introduce the motion in the Lok Sabha.

Until now, the Constitution allowed the removal of public representatives only after conviction. Hence, the key proposals are constitutional amendment bills concerning Articles 75, 164, and 239AA.

Under the new law, however, the Prime Minister, any Union Minister, Chief Ministers, and ministers of states and Union Territories who are arrested and held in custody for 30 consecutive days will be required to resign by Day 31, failing which they will be automatically removed from office.

Although the bill does not specify the exact nature of criminal charges, it states that the alleged offence must carry a minimum punishment of five years in prison. This would include serious crimes such as murder and large-scale corruption.

The Opposition has not yet issued a response on the matter, but a meeting has been scheduled for Wednesday morning to discuss it.

At present, ministers facing accusations usually resign before their arrest to ensure the smooth functioning of the government. However, Aam Aadmi Party leader Arvind Kejriwal continued to head the Delhi government for nearly six months from jail following his arrest in the Delhi excise policy case last year.

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