Centre to Introduce Bills for Removal of PM, Chief Ministers Arrested on Serious Charges

Centre to Introduce Bills for Removal of PM, Chief Ministers Arrested on Serious Charges

The “Statement of Objects and Reasons” accompanying the Bill highlights the urgent need to safeguard constitutional morality and ensure public trust in elected representatives.

RMN News Legal Desk
August 20, 2025

New Delhi, August 20, 2025 – The Indian government is poised to introduce significant legislation in the Lok Sabha today, aiming to establish a clear legal framework for the removal of the Prime Minister, Chief Ministers of states, and other ministers if they are arrested or detained for a continuous period of 30 days on serious criminal charges.

Senior officials have confirmed that these bills address a current gap in the Constitution, which presently lacks provisions for the removal of a sitting Prime Minister or minister arrested and detained for serious criminal offenses.

[ Also Read: भारत की जहरीली राजनीतिक व्यवस्था तथा सुधार अभियान ]

Key Provisions of the Proposed Bills:

• Scope: The bills pertain to the removal of ministers arrested or detained for 30 days, specifically including the Prime Minister, Chief Ministers, and Union Ministers, as well as Ministers of Union Territories, including Jammu and Kashmir.
• Conditions for Removal: Any minister, including the Prime Minister or Chief Minister, will be liable to be removed from office if they are arrested and detained for a continuous period of 30 days in connection with an offence punishable by imprisonment of five years or more.
• Mechanism for Ministers (excluding PM/CM):
  • If a minister is in jail for 30 consecutive days on such charges, the President will remove him from office on the advice of the Prime Minister.
  • Crucially, if the Prime Minister does not provide this advice, the minister will be automatically removed from office after the 31st day.
  • A similar process applies to state ministers, where the Governor will remove them on the advice of the Chief Minister, or their post will automatically end on the 31st day if no advice is given.
  • For Jammu and Kashmir, a new clause (4A) will be inserted into Section 54 of the Jammu and Kashmir Reorganisation Act, 2019. This clause specifies that a Minister arrested and held in custody for 30 consecutive days shall be removed by the Lieutenant Governor on the Chief Minister’s advice by the 31st day, or automatically cease to hold office if advice is not tendered.
• Mechanism for Prime Minister/Chief Minister: If the Prime Minister or a Chief Minister themselves remains in jail for 30 days on such charges, they will be required to resign by the 31st day; otherwise, their position will automatically end.
• Constitutional Amendments: The proposed legislation seeks to amend Articles 75, 164, and 239AA of the Constitution, in addition to Section 54 of the Jammu and Kashmir Reorganisation Act, 2019.

The “Statement of Objects and Reasons” accompanying the Bill highlights the urgent need to safeguard constitutional morality and ensure public trust in elected representatives. It emphasizes that the “character and conduct of Ministers holding office should be beyond any ray of suspicion”.

The government’s rationale is that a minister facing serious criminal allegations 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”.