Paper: GS – II, Subject: Polity, Topic: Legislature, Issue: Removal PM, CM’s and Ministers.
Context:
Home Minister Amit Shah introduced the Constitution (130th Amendment) Bill, 2025 in the Lok Sabha, proposing removal of central or state ministers detained for 30+ days on serious charges.
- The Bill, along with two related amendments for Union Territories, has been sent to a joint parliamentary committee for review.
Key Takeaways:
Which are the three Bills?
- 130th Constitutional Amendment Bill, 2025:
- Jammu and Kashmir Reorganisation (Amendment) Bill, 2025: Provides clarity on removal of CM and Ministers in J&K.
- Government of Union Territories (Amendment) Bill, 2025: Defines similar provisions for Puducherry and other UTs.
The Proposed Constitutional Amendment:
- The core of the controversy lies in The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, accompanied by related statutory amendments for Union Territories.
- The Bill seeks to amend Articles 75, 164, and 239AA of the Constitution, which govern the Union Council of Ministers, State Councils of Ministers, and Ministers in Union Territories, respectively.
- The proposed amendment introduces a new clause stipulating that a Minister arrested and detained in custody for 30 consecutive days on allegations of committing an offense punishable by imprisonment of 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.
Comparison of Current Legal Framework and Proposed Changes in Legislator Disqualification:
The removal can be reversed upon the Minister’s release from custody.
- Notably, this provision extends to Chief Ministers and the Prime Minister.
- The Bill’s Statement of Objects and Reasons emphasizes the need for a legal framework to address the removal of Ministers arrested on serious criminal charges, arguing that such Ministers could undermine constitutional morality and good governance, thereby eroding public trust.
Amendments proposed to the following Articles:
| Current Provision | Limitation | Changes Proposed | |
| Article 75 (Union PM & Union Ministers) | PM appointed by President; Ministers appointed on PM’s advice.They hold office during the pleasure of the President. Removal is political (loss of confidence, resignation, dismissal). | No explicit mechanism to remove PM/Ministers if detained/arrested for long periods. | New provision: If PM or any Union Minister is detained in custody for 30 consecutive days for a serious offense (≥5 years’ punishment), they must resign by 31st day or automatically cease to hold office. They may be reappointed after release. |
| Article 164 (States CM & State Ministers) | CM appointed by Governor; Ministers appointed on CM’s advice. They hold office during the pleasure of the Governor. Council of Ministers collectively responsible to State Assembly. | No clear rule for automatic removal if CM/Ministers remain in custody. | Similar to Union level: If CM or Minister is detained in custody for 30 consecutive days under serious charges (≥5 years’ punishment), they automatically lose office. Reappointment allowed after release. |
| Article 239AA (Union Territory of Delhi CM & Ministers) | Special status for Delhi (NCT). CM and Council of Ministers aid & advise LG. They hold office as per political responsibility to the Assembly. | No explicit provision for automatic removal on detention. | A new Section 5A to be inserted: CM/Ministers of NCT of Delhi cease office if detained for 30 days under serious charges (≥5 years). Reappointment possible after release. |
Debate on Disqualification of Legislators in Criminal Cases:
The proposed constitutional amendment to enable the removal of arrested Ministers aims to bring accountability and integrity within political offices.
However, it raises significant legal and ethical questions surrounding the principles of due process, natural justice, and the presumption of innocence, making it a contentious issue in the Indian legislative landscape.
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