India

GoI to table 3 bills in LS today to oust PM, CMs, ministers if jailed for 30 days

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Amit Shah in Parliament.

New Delhi: The government of India will introduce three major bills in the Lok Sabha on Wednesday, including one seeking a constitutional amendment, to establish a legal framework for removing the prime minister, chief ministers, and ministers at the Centre, in states, and UTs if they are arrested on serious criminal charges.

According to a ministry note to the Lok Sabha secretariat, the bills will be tabled on August 20. Unlike existing laws, they propose action on the basis of charges alone, without requiring a court conviction, making them significantly stricter.

Reports suggest home minister Amit Shah may move to send the bills to a joint parliamentary committee, given the likelihood of strong opposition. The move comes against the backdrop of recent cases where CMs — such as Delhi’s Arvind Kejriwal and Jharkhand’s Hemant Soren — spent weeks in jail on corruption charges.

The three bills are, The Constitution (One Hundred and Thirtieth Amendment) Bill, 202; The Government of Union Territories (Amendment) Bill, 2025; The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025

The bills clarify that if the PM, a CM, or a minister is arrested and held in custody for 30 consecutive days for an offence punishable with at least five years in jail, they must resign by the 31st day or face automatic removal.

The constitutional amendment — which seeks changes to Articles 75, 164, and 239AA — will require a two-thirds majority in Parliament, a number the BJP-led NDA currently lacks. The J&K and UT-related bills, however, need only a simple majority. If passed, they would empower the GoI or the President to remove a CM or ministers in such cases based solely on allegations.

The “Objects and Reasons” sections argue that leaders accused of grave offences could undermine “constitutional morality and principles of good governance.” For UTs, the amendment cites a legal gap in the 1963 Act.

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