Lok Sabha Braces for Stormy Session as Government Tables Bills on Removal of Jailed Ministers
Union Home Minister Amit Shah on Wednesday introduced three bills in the Lok Sabha, including the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025.
The bill proposes automatic removal of elected officials such as the Prime Minister, Chief Ministers, and Union Ministers if they are arrested and detained for 30 consecutive days on serious criminal charges.
Alongside this bill, Shah also presented the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
All three bills were referred to a Joint Parliamentary Committee after a voice vote.
Constitutional Amendment Provisions
The Constitution (130th Amendment) Bill outlines that, “A 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 be removed from his office by the President on the advice of the Prime Minister to be tendered by the 31st day after being taken in such custody.”
The bill seeks to amend Articles 75, 164, and 239AA, introducing a mandatory mechanism for removal of ministers who remain in custody for offences punishable with five years or more.
According to the provisions, the President will remove the Prime Minister, Governors will remove Chief Ministers, and Lieutenant-Governors will remove Chief Ministers of Union Territories.
If no resignation or advice for removal is provided by the 31st day, the office will automatically become vacant on the 32nd day. However, reappointment is permitted after release from custody.
Jammu and Kashmir Amendment
The proposed amendment to the Jammu and Kashmir Reorganisation Act, 2019, creates a framework for removal of the Chief Minister or ministers in the region under similar circumstances.
It emphasizes that ministers facing serious criminal charges undermine constitutional morality and public trust, and must vacate office after 30 days of custody.
Under this provision, a minister detained for 30 consecutive days on charges carrying five years or more in punishment will automatically lose office if no action is taken by the Chief Minister within the stipulated time.
If the Chief Minister himself fails to resign within 31 days of detention, his office will also automatically fall vacant. However, both ministers and Chief Ministers may be reappointed after release.
Shah’s Statement on Constitutional Morality
In a statement distributed to Lok Sabha members, Amit Shah underlined the importance of constitutional morality and public trust.
He stressed that elected representatives should conduct themselves above suspicion and keep political interests aside in favour of public welfare.
Shah’s introduction of the bills, however, was met with strong resistance from opposition parties, who were demanding a discussion on the revision of voter rolls in Bihar.
Speaker’s Response to Opposition Protests
As opposition members raised slogans, Speaker Om Birla admonished them, saying, “This is not appropriate behaviour. The entire country is watching. You are parliamentarians.”
He called for decorum and emphasised the ethical intent behind the bills before allowing their introduction. Despite his appeal, opposition members continued their protests, forcing an adjournment of the House till 5 p.m.
Opposition Criticism
The move to introduce the bills was opposed by AIMIM president Asaduddin Owaisi.
He said, “This violates separation of powers. It gives executive agencies power to play judge, jury and executioner. This bill would empower the unelected to play the role of the executionary.” Owaisi further argued, “Sections of this bill can be used to destabilise governments. This bill is nothing but creating a gestapo.”
Congress MP Manish Tewari also criticised the bills, calling them “squarely destructive.”
He said, “Indian constitution says there should be a rule of law, and the basis of that is that you are innocent until proven guilty. This bill hopes to change that. It makes an executive agency officer the boss of the Prime Minister.”
Tewari urged Speaker Om Birla to allow opposition leaders to present their arguments against the bills.
The Bills in Question
The three bills tabled in the Lok Sabha are:
The Constitution (130th Amendment) Bill
The Jammu and Kashmir Reorganisation (Amendment) Bill
The Government of Union Territories (Amendment) Bill
These bills propose a comprehensive legal framework applicable to ministers and Chief Ministers in states and Union Territories, as well as Union Ministers and the Prime Minister at the Centre. Importantly, they allow for reappointment of dismissed leaders after release from custody.
