Three Bills Introduced in Indian Parliament to Mandate Removal of High-Ranking Officials on Criminal Charges
Government to propose legislation for ousting Prime Minister, Union Ministers, and Chief Ministers with significant criminal indictments
On August 20, 2025, the Indian Parliament introduced three bills aimed at removing the Prime Minister, Union ministers, Chief Ministers, or State ministers from their positions if they are arrested and detained on serious criminal charges for more than 30 consecutive days. 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 seek to ensure uniform application across all levels of government and all territories in India, covering the Union and States, Union Territories (including Delhi and Puducherry), and Jammu and Kashmir.
Key Details of the Bills
The bills aim to remove individuals holding high executive offices if they are accused of serious criminal offences punishable by imprisonment of 5 years or more and are arrested and detained in custody for 30 consecutive days.
The Constitution (130th Amendment) Bill proposes changes to Article 75 (Council of Ministers at the Union level), Article 164 (Council of Ministers at the State level), and Article 239AA (special provisions related to Delhi). Related bills extend these changes to other Union Territories and Jammu and Kashmir.
The Government of Union Territories (Amendment) Bill, 2025, aims 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 cases where they are arrested and detained in custody on account of serious criminal charges. Similarly, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, aims to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, for the same purpose.
Conditions for Removal
| Condition | Description | |---------------------------------------------|--------------------------------------------------------------| | Serious criminal offence | Punishable with imprisonment for 5 years or more | | Arrest and detention period | Continuous detention for 30 consecutive days | | Positions affected | Prime Minister, Union ministers, Chief Ministers, State ministers | | Geographical applicability | All States, Union Territories (including Delhi, Puducherry), Jammu and Kashmir |
The bills require the removal of the mentioned officials on the 31st day if they fail to resign after being arrested and detained for offences that attract a jail term of at least five years for 30 consecutive days. However, the bills do not specify any exceptions or conditions for the removal of the prime minister, but the provision is applicable only if the offence is punishable with imprisonment for a term which may extend to five years or more.
The bills do not provide any details about the process for the resignation of the officials mentioned. Moreover, they do not mention any specific offences that would trigger the removal process for the prime minister, and they do not specify any penalties or consequences for non-compliance.
These bills signify a landmark effort to legislate ministerial accountability through constitutional amendments linked to criminal charges and detention duration. However, they have triggered controversy and resistance from the opposition, who argue issues relating to federalism, presumption of innocence, and democratic principles.
Union Home Minister Amit Shah will move a motion in the Lok Sabha to refer these three bills to a joint committee of Parliament. The bills are expected to be reported by the Winter session of Parliament.
Read also:
- Weekly happenings in the German Federal Parliament (Bundestag)
- Southwest region's most popular posts, accompanied by an inquiry:
- Discussion between Putin and Trump in Alaska could potentially overshadow Ukraine's concerns
- Tinubu's administration allegedly causing issues within every political party as Peter Obi's name surfaces - Obidient Movement asserts
