New Delhi — Union Home Minister Amit Shah is set to introduce three crucial bills in the Lok Sabha on Wednesday (August 20, 2025), aimed at creating a constitutional framework to remove the Prime Minister, Union Ministers, Chief Ministers, and State Ministers who are arrested and detained in custody over serious criminal charges.
According to the proposed legislation, any Prime Minister, Chief Minister, or Minister arrested and held in custody for 30 consecutive days on charges punishable with imprisonment of five years or more will automatically cease to hold office from the 31st day. The authority to remove them will rest with the President (for Prime Minister and Union Ministers), the Governor (for Chief Ministers), and the Chief Minister (for State Ministers). In Union Territories, the Lieutenant-Governor will exercise this power in the case of Chief Ministers.
The bills also provide for the possibility of reappointment if the leader is released from custody.
In a letter to the Lok Sabha Secretariat on Tuesday (August 19, 2025), Amit Shah confirmed that the following three bills would be introduced in the ongoing Monsoon Session:
- The Constitution (130th Amendment) Bill, 2025
- The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
- The Government of Union Territories (Amendment) Bill, 2025
The statement of objects and reasons circulated among MPs highlighted that Ministers are expected to rise above political interests and uphold the highest standards of public conduct. “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,” it said.
Currently, the Constitution has no explicit provision for the removal of Ministers under such circumstances. The proposed amendment seeks to address this gap by modifying Articles 75, 164, and 239AA of the Constitution.
The other two bills detail the removal process for Chief Ministers and Ministers in the Union Territories of Puducherry and Jammu and Kashmir.
This move is being viewed as one of the most significant governance reforms in recent years, intended to strengthen public trust and ensure accountability among elected representatives.
