The central government is set to introduce three important bills in Parliament on Wednesday. These bills aim to create a clear law for the removal of a prime minister, Union minister, chief minister, or state/UT minister if they are arrested and kept in custody for 30 straight days on serious criminal charges.
According to the proposal, if any top leader is arrested and detained continuously for 30 days in a case where punishment could be five years or more, they will automatically lose their post on the 31st day.
The three bills in focus
The government will table the following bills:
Government of Union Territories (Amendment) Bill, 2025
Constitution (One Hundred and Thirtieth Amendment) Bill, 2025
Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
Union Home Minister Amit Shah will also move a motion to send these bills to a joint committee of Parliament for further discussion.
Why are these bills needed
The government explained that current laws do not provide any clear system for removing a PM, CM, or minister who continues to remain in office despite being under arrest.
For example, the Government of Union Territories Act, 1963, does not have a provision for removing a CM or minister if they are detained on serious charges. Similarly, the Constitution and the Jammu and Kashmir Reorganisation Act, 2019, also lack such rules. These new bills seek to fix that gap.
What the bills say
The proposed bills state:
"Provided that if the advice of the prime minister, for the removal of such minister, is not tendered to the President by the thirty-first day, he shall cease to be a minister, with effect from the day falling thereafter."
"Provided further that in case of the prime minister, 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 thirty-first day after such arrest and detention, and if he does not tender his resignation, he shall cease to be the Prime Minister with effect from the day falling thereafter."
The move comes against the backdrop of cases like former Delhi CM Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji, who continued in their posts even after being arrested on different charges.
With these new laws, the government wants to make sure that such situations are handled through a clear and uniform legal framework across the country.