Removal Of PM, CMs & Ministers Arrested On Criminal Charges

Union Home Minister Amit Shah is set to introduce three bills aimed at addressing corruption allegations against incumbent ministers. Among them, Shah is likely to table the 130th Constitutional Amendment Bill, which will introduce Section 5A to Article 239Aa to address the issue of the removal of elected representatives—prime ministers, chief ministers, and ministers, etc—arrested or detained on serious criminal charges. This could avoid a situation like Delhi, where Arvind Kejriwal continued to be the chief minister while in custody.

Removal Of PM, CMs & Ministers Arrested On Criminal Charges

Why In News

• Union Home Minister Amit Shah is set to introduce three bills aimed at addressing corruption allegations against incumbent ministers. Among them, Shah is likely to table the 130th Constitutional Amendment Bill, which will introduce Section 5A to Article 239Aa to address the issue of the removal of elected representatives—prime ministers, chief ministers, and ministers, etc—arrested or detained on serious criminal charges. This could avoid a situation like Delhi, where Arvind Kejriwal continued to be the chief minister while in custody.

What Are The Three Bills

• (i) The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025;
• (ii) The Government of Union Territories (Amendment) Bill, 2025;
• (iii) The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025;

Constitution (One Hundred & Thirtieth Amendment) Bill

• The 130th Constitutional Amendment Bill states, “In Article 239AA of the Constitution, after clause (5), the following clause shall be inserted, namely:—5A….”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.”

• Kejriwal had not resigned for nearly 6 months while in the custody of the ED and CBI in the alleged liquor scam case. The proposed amendment makes the same provision in case an incumbent prime minister is arrested and kept in custody for 30 days.
• “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,” the amendment to Article 75 states.

• The proposed amendment to the Constitution provides for PMs, CMs, or ministers to return to their posts if released from custody. “Nothing in this clause shall prevent such Chief Minister or Minister (or Prime Minister)from being subsequently appointed as the Chief Minister or a Minister, by the President, on his release from custody, as per clause (5),” the proposed amendment states.

• The objectives of the Constitution (One Hundred And Thirtieth Amendment) Bill, 2025, say there is no provision under the Constitution for the removal of a minister who is arrested and detained in custody on account of serious criminal charges.
• Hence, there is a need to amend Articles 75, 164 and 239AA of the Constitution, for providing a legal framework for the 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 Bill seeks to achieve the above objectives.

• In Tamil Nadu’s Senthil Balaji was another case where, even after arrest, the minister continued in the council. While the government proposes to send the bill for larger consultation to a joint parliamentary committee, opposition protests are likely.

Jammu And Kashmir Reorganisation

• The objectives of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, say there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.

• Hence, section 54 of the Jammu and Kashmir Reorganisation Act, 2019, needs to be amended to provide a legal framework for the removal of the Chief Minister or a Minister in such cases. The Bill seeks to achieve the above objectives.
• The bills’ introduction two days before the end of Parliament’s Monsoon session and their implications surprised political circles.

Government Of Union Territories Act, 1963

• While the Constitutional Amendment Bill applies to all states, Union Territories are governed through a separate legislative framework. For J&K, the Government moved an amendment to the J&K Reorganisation Act and for the other UTs, the amendment is being made to the Government of Union Territories Act, 1963.
• UTs have a distinct constitutional and administrative status compared to states, and are directly governed by the Central Government, typically through an appointed Lieutenant Governor or Administrator. Therefore, if an amendment affects both states and UTs, separate but related legislation is introduced to cover UT-specific provisions and to bring their laws in conformity with the amended Constitution.

• In his letter to the Lok Sabha Secretary, Shah also sought leniency in the rules of the House for moving the Bills without the required notice. According to Rule 19A of the Lok Sabha’s Rules of Procedure, the minister should give prior notice before introducing a Bill in the Lok Sabha. Additionally, Rule 19B, which is related to 19A, states that Government Bills should be circulated to all members of the Lok Sabha before they are formally introduced to allow members time to review them and prepare for discussion. The Government wanted leniency in these key rules as there was not enough time with the Monsoon session ending on August 21, sources said.

Opposition Comments

• “Wht a vicious circle! No guildelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!” Congress’s Rajya Sabha member and senior advocate Abhishek Manu Singhvi posted on X. Singhvi had represented Kejriwal when he was granted bail by the apex court.