A new bill will be introduced in Parliament to remove the Prime Minister, Chief Ministers, and Union ministers who are arrested for 30 consecutive days on serious criminal charges. The legislation targets offences punishable with at least five years in jail, including murder and major corruption.
New Delhi: The Union government is set to introduce a new Constitution amendment Bill in the Lok Sabha that will allow for the removal of a minister—including the Prime Minister or Chief Minister—if they are arrested and kept in custody for at least 30 days in a case where the punishment is five years or more.
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, is scheduled to be presented in the Lok Sabha by Union Home Minister Amit Shah on Wednesday and Thursday.
Alongside this, two other related amendments will be brought for Jammu and Kashmir and other Union Territories through The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, and The Government of Union Territories (Amendment) Bill, 2025. After introduction, all three Bills are likely to be referred to a Joint Committee of the Lok Sabha and Rajya Sabha for detailed examination.
The 130th Amendment Bill proposes to introduce new clauses to Articles 75, 164, and 239AA of the Constitution. Under the proposed amendments, a central minister shall be removed from office by the President based on the advice of the Prime Minister.
If the Prime Minister does not give this advice within 31 days, the minister will automatically cease to hold office.
For the Prime Minister, the law specifies that he or she must resign within 31 days of arrest and detention. If they fail to do so, they will cease to be the Prime Minister automatically.
However, the Prime Minister or any minister can be reappointed once released from custody. Similar rules will apply to state Chief Ministers and other ministers.
Explaining the rationale behind the amendment, the Home Minister said,
“The elected representatives represent hopes and aspirations of the people of India and it is expected that they rise above political interests and act only in the public interest and for the welfare of people.”
He further added,
“It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion. A Minister, who is facing allegation of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.”
The proposed amendments to the Constitution are as follows:
Article 75 – Prime Minister and Other Ministers
For Article 75, which deals with the Prime Minister and other ministers, the Bill proposes to insert a new clause after clause (5):
“(5A) A Minister, who for any period of thirty 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 thirty-first day, after being taken in such custody:
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 thirty 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:
Provided also that nothing in this clause shall prevent such Prime Minister or Minister from being subsequently appointed as the Prime Minister or a Minister, by the President, on his release from custody, as per clause (1).”
Article 164 – Chief Minister and Other Ministers
For Article 164, which governs Chief Ministers and other state ministers, the Bill adds the following clause after clause (4):
“(4A) A Minister, who for any period of thirty 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 Governor on the advice of the Chief Minister to be tendered by the thirty-first day, after being taken in such custody:
Provided that if the advice of the Chief Minister, for the removal of such Minister is not tendered to the Governor 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 a Chief Minister, who for any period of thirty 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 Chief Minister, with effect from the day falling thereafter:
Provided also that nothing in this clause shall prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the Governor, on his release from custody, as per clause (1).”
Article 239AA – Delhi Chief Minister and Other Ministers
For Article 239AA, relating to the Delhi Chief Minister and other ministers, the Bill proposes to insert the following clause after clause (5):
“(5A) Subject to the provisions of this Constitution, if a Minister, who for any period of thirty 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 Chief Minister to be tendered by the thirty-first day, after being taken in such custody:
Provided that if the advice of the Chief Minister for 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 Chief Minister, who for any period of thirty 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 Chief Minister, with effect from the day falling thereafter:
Provided also that nothing in this clause shall prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the President, on his release from custody, as per clause (5).”
According to the bills, any Prime Minister, Chief Minister, or Minister in the Union or State governments who is arrested and kept in custody for 30 consecutive days for allegations of an offence punishable with imprisonment of five years or more will be required to step down from their position by the 31st day.
The removal process will be carried out by the President for the Prime Minister or Union Ministers, the Chief Minister for State Ministers, the Governor for Chief Ministers, and the Lieutenant-Governor for Chief Ministers in Union Territories.
The bills also clarify that such individuals may be reappointed after their release from custody.
On Tuesday, August 19, 2025, Mr. Shah officially informed the Lok Sabha office that the three bills — The Constitution (130th Amendment) Bill, 2025, The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, and The Government of Union Territories (Amendment) Bill, 2025 — should be passed during the ongoing session.
The statement of objects and reasons of the bills, shared by Mr. Shah with Lok Sabha members, emphasized the responsibility of elected representatives, saying,
“the elected representatives represent hopes and aspirations of the people of India. It is expected that they rise above political interests and act only in the public interest and for the welfare of people. It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion.”
The statement further highlighted the potential consequences of allowing ministers with serious criminal allegations to continue in office, explaining,
“a Minister, who is facing allegation of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.”
Mr. Shah pointed out a key gap in the Constitution, stating,
“There is, however, no provision under the Constitution for removal of a Minister who is arrested and detained in custody on account of serious criminal charges. In view of the above, there is a need to amend Articles 75, 164 and 239AA of the Constitution, for providing legal framework for removal of the Prime Minister or a Minister in the Union Council of Ministers and the Chief Minister or a Minister in the Council of Ministers of States and the National Capital Territory of Delhi in such cases.”
The other two bills provide detailed procedures for the removal of the Chief Minister and Ministers in the Union Territories of Puducherry and Jammu and Kashmir, ensuring a consistent legal process for handling similar situations in these regions.
The proposed law has come in light of recent events where some Chief Ministers and ministers did not resign despite being arrested.
Delhi’s former Chief Minister Arvind Kejriwal was jailed for over five months in the liquor policy case last year after arrest by the Enforcement Directorate (ED). He resigned only after being granted interim bail by the Supreme Court.
Similarly, a controversy surrounded former Tamil Nadu minister V Senthil Balaji, who the ED arrested in June 2023 in a money laundering case.
Although he remained without a portfolio, he resigned only in February 2024. When the Supreme Court granted him bail in September 2024, he was reinstated. However, he had to resign again in April 2025 after the court directed him to either resign or return to jail.
Key Highlights of the Constitution (130th Amendment) Bill, 2025 – Explained in Simple Points
Introduction
- Union Home Minister Amit Shah is likely to introduce the Constitution (130th Amendment) Bill, 2025 in the Lok Sabha.
- The Bill addresses a major gap in the Constitution regarding the removal of Prime Ministers, Chief Ministers, and Ministers facing serious criminal allegations if they are kept in detention for 30 consecutive days.
- This move comes after the controversy surrounding the 2023 arrest of V. Senthil Balaji, a Minister in Tamil Nadu’s DMK government.
Key Constitutional Amendments
- The Bill proposes changes to:
- Article 75 – Deals with the Prime Minister and Union Council of Ministers.}
- Article 164 – Concerns the Council of Ministers in States.
- Article 239AA – Contains special provisions for the National Capital Territory of Delhi.
- Article 75 – Deals with the Prime Minister and Union Council of Ministers.}
Removal Clause
- If a Minister (PM/CM/Union or State Minister) is arrested and detained for 30 days in a case where punishment can be five years or more, then:
- President (on advice of PM/directly) will remove Union Ministers or the Prime Minister.
- Governor (on CM’s advice) will remove State Ministers.
- Governor directly will remove the Chief Minister of a State.
- UT-specific amendments will apply to Chief Ministers and Ministers in Union Territories including J&K.
- President (on advice of PM/directly) will remove Union Ministers or the Prime Minister.
- Reappointment of Ministers will be allowed after their release from detention.
Rationale Behind the Bill
- The government justifies this Bill on three grounds:
- Good governance and constitutional morality: Ministers with criminal charges reduce public trust.
- Character beyond suspicion: Elected representatives should place people’s welfare above politics.
- Constitutional gap: Earlier there was no clear provision, and courts only interpreted the doctrine of “pleasure of Governor/President” but restricted by “aid and advice” of the Council of Ministers.
- Good governance and constitutional morality: Ministers with criminal charges reduce public trust.
Political and Legal Background
- The arrest of V. Senthil Balaji (2023) created a constitutional crisis:
- Governor R.N. Ravi dismissed him.
- CM M.K. Stalin reinstated him after bail.
- Later reshuffle removed Balaji after Supreme Court expressed concerns.
- Governor R.N. Ravi dismissed him.
- Judicial interpretation has clarified that Governor’s powers under Article 164 are not absolute but are subject to the aid and advice of the elected Council of Ministers.
Related Legislative Measures
- Along with the Constitution (130th Amendment) Bill, 2025, two other bills are also being brought:
- Government of Union Territories (Amendment) Bill, 2025 – Amends the 1963 Act for UTs like Puducherry and Delhi.
- J&K Reorganisation (Amendment) Bill, 2025 – Changes Section 54 of the 2019 Act that converted J&K into a UT.
- Government of Union Territories (Amendment) Bill, 2025 – Amends the 1963 Act for UTs like Puducherry and Delhi.
- All these Bills are expected to be referred to a Joint Committee of Parliament for further scrutiny.
Procedural Issues in Parliament
- Rule 19A and 19B of Lok Sabha Rules require prior notice and circulation of Bills to MPs before introduction.
- Due to time pressure in the Monsoon Session (ending August 21, 2025), the Government has sought leniency in procedural rules.
Constitutional and Administrative Implications
- Strengthens executive accountability with a clear rule for removal of tainted Ministers.
- Maintains federal balance with separate but aligned rules for Union, States, and UTs.
- Aims to check criminalisation of politics and safeguard public trust.
Risks and Criticism
- Analysts warn the Bill could be misused for political vendetta.
- Concerns raised about central agencies targeting opposition leaders, while ruling party leaders remain safe.
- Recent examples include Arvind Kejriwal in Delhi and Hemant Soren in Jharkhand, who both spent weeks in jail on corruption charges.
- The move may also cause a logjam in Parliament, especially as Opposition is already protesting with slogans of “vote theft” and objecting to the special revision of electoral rolls in Bihar.
READ/DOWNLOAD The Constitution (130th Amendment) Bill, 2025
READ/DOWNLOAD The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
READ/DOWNLOAD The Government of Union Territories (Amendment) Bill, 2025.
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