Bills to Establish Protocols for Removing Prime Ministers, Chief Ministers, and Ministers Due to Criminal Accusations to be Presented in the Lok Sabha Today
The central government has announced its intention to move three bills in the Lok Sabha on August 20, aiming to codify a legal framework for the removal of the Prime Minister, Chief Ministers, and ministers if they are arrested on certain serious criminal charges. These bills are:
- The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025
- The Government of Union Territories (Amendment) Bill, 2025
- The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
These bills provide for the removal of a Prime Minister, Chief Minister, or any other minister in the central or state government if they are arrested and detained in custody on serious criminal offenses punishable with a minimum imprisonment of five years for 30 consecutive days.
The main constitutional amendment bill among these is the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which specifically amends Articles 75, 164, and 239AA of the Constitution to close the gap that currently allows ministers to remain in office despite such arrests.
The other two bills apply these provisions to the Union Territories of Puducherry and Jammu and Kashmir, ensuring uniformity across regions. The removal process involves the President or Governor acting on the advice of the Prime Minister or Chief Minister, respectively.
The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, requires only a simple majority for passage, unlike the main constitutional amendment bill which needs a special majority in Parliament.
It is important to note that these bills do not address the restoration of statehood for Jammu and Kashmir. The government's move comes amidst Opposition protests against the Special Intensive Revision of the electoral rolls in Bihar and "vote theft" allegations.
The Objects and Reasons sections of the bills argue that someone facing serious criminal charges may hinder constitutional morality and good governance. Union Home Minister Amit Shah may move a motion to refer these bills to a joint committee of Parliament for further discussion.
Recent cases have seen incumbent Chief Ministers spending several weeks in jail on corruption allegations, highlighting the need for such legislation. The bills, if passed, would allow the Centre or President to remove a state or UT's Chief Minister or ministers based on accusations, without the need for conviction.
The constitutional amendment bill applies to the Prime Minister, union ministers, and the Chief Minister and ministers of the National Capital Territory (NCT) of Delhi, while the other two bills cover Chief Ministers and ministers across states and UTs, including the NCT of Delhi.
The Opposition's protests and logjam in the ongoing monsoon session of Parliament have been caused by these issues, adding to the political tension surrounding these bills. The bills for Union Territories mention the need to amend the 1963 act due to the absence of relevant provisions in the present law.
[1] The Hindu. (2025, August 19). Centre to move three bills in Lok Sabha on August 20. Retrieved from https://www.thehindu.com/news/national/centre-to-move-three-bills-in-lok-sabha-on-august-20/article32968697.ece
[2] The Indian Express. (2025, August 19). Three bills to remove PM, CMs, ministers on charges of serious crimes. Retrieved from https://indianexpress.com/article/india/three-bills-to-remove-pm-cms-ministers-on-charges-of-serious-crimes-7908056/
[3] Business Standard. (2025, August 19). Three bills to remove PM, CMs, ministers on charges of serious crimes. Retrieved from https://www.business-standard.com/article/current-affairs/three-bills-to-remove-pm-cms-ministers-on-charges-of-serious-crimes-121081901009_1.html
[4] NDTV. (2025, August 19). Centre to move three bills in Lok Sabha on August 20. Retrieved from https://www.ndtv.com/india-news/centre-to-move-three-bills-in-lok-sabha-on-august-20-2504999
[5] Livemint. (2025, August 19). Centre to move three bills in Lok Sabha on August 20. Retrieved from https://www.livemint.com/news/india/centre-to-move-three-bills-in-lok-sabha-on-august-20-11629779896011.html
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