The Central government has proposed a sweeping reform in the political accountability framework by introducing three new bills in Parliament. These bills mandate the removal of a prime minister, Union minister, chief minister, or state minister who remains in custody for 30 consecutive days on serious criminal charges that attract a minimum sentence of five years. If such detention continues, the concerned office-bearer will automatically lose their post on the 31st day. The Government of Union Territories (Amendment) Bill 2025, the Constitution (One Hundred and Thirtieth Amendment) Bill 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025 form the core of this legislative push, aimed at tightening legal provisions against prolonged custodial detention of top political leaders.
According to the draft provisions, if a prime minister is arrested and held in custody for 30 days, they must resign on the 31st day; failure to do so would lead to automatic removal from office. Similarly, Union ministers, chief ministers, and state ministers facing such detention will be dismissed either on the advice of the prime minister to the president or by automatic cessation of their office if no advice is given. The move comes in the backdrop of high-profile arrests of leaders such as former Delhi CM Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji, who continued in their posts despite incarceration. Union Home Minister Amit Shah is also expected to move a motion in the Lok Sabha, referring these bills to a joint committee of Parliament for detailed examination.
The government argues that existing laws, including the Constitution, the Government of Union Territories Act of 1963, and the Jammu and Kashmir Reorganisation Act of 2019, do not provide a clear mechanism for removal in such cases. Hence, amendments to Articles 75, 164, and 239AA of the Constitution and relevant sections of other laws have been proposed. Officials stated that the reforms seek to plug this legal gap and establish a uniform framework across the country, ensuring that individuals facing serious criminal allegations do not continue to hold constitutional positions indefinitely. If passed, the bills could mark a historic shift in India’s governance system by directly linking legal accountability with ministerial tenure.
