Union Home Minister Amit Shah introduced three bills in Parliament . Amongst them, the Hundred and Thirtieth Amendment) Bill, 2025 deals with the power to remove a Prime Minister, a Union Minister, a Chief Minister, or a Minister of State/Union Territory if arrested or detained on serious criminal charges for 30 consecutive days.
As per the new bill, if any of these incumbent officers are held or detained in custody for 30 consecutive days for offences that attract a jail term of at least five years, they will lose their post on the 31st day. After the introduction, Amit Shah proposed that the bills be presented before the standing committee.
What Are the Three Bills?
The government seeks to present the following bills on August 20 and 21 in the Lok Sabha:
The First Bill
“A minister, who for any period of 30 consecutive days during his tenure in office, is arrested and detained in custody on allegation of committing an offence under any law in force, which is punishable with imprisonment for a term of five years or more, shall be removed from office by the President on the advice of the Prime Minister, to be tendered by the thirty-first day after being taken into such custody,” one of the bills reads.
In Case of Removal of The Incumbent Prime Minister
“Provided that if the advice of the Prime Minister, for the removal of such minister, is not tendered to the President by the thirty-first day, he shall cease to be a minister with effect from the day thereafter. Provided further that in the case of the Prime Minister, who for any period of 30 consecutive days during his tenure is arrested and detained in custody on allegations of committing an offence under any law in force, which is punishable with imprisonment of five years or more, he shall tender his resignation by the thirty-first day after such arrest and detention. If he does not tender his resignation, he shall cease to be the Prime Minister with effect from the day thereafter,” states the proposed law.
As of now, the government has not planned to put a blanket bar on ministers holding their offices immediately after their arrests.
According to Mint, the statement of objects and reasons of the Government of Union Territories (Amendment) Bill, 2025 notes that currently there is no provision under the Government of Union Territories Act, 1963 (20 of 1963) for the removal of a Chief Minister or minister arrested and detained on serious criminal charges.
Hence, the government seeks to amend Section 45 of the Government of Union Territories Act, 1963, to create a legal framework for the removal of a Chief Minister or minister in such cases, as per the proposal pitched by the government.
Jammu and Kashmir Reorganisation Bill
The objectives of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 state that there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for such a scenario.
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 these cases.
The introduction of these bills just two days before the end of Parliament’s Monsoon Session has caused quite a stir in political circles.
Upon the presentation of the bill Asaduddin Owaisi said “I stand to oppose the introduction of Jammu and Kashmir Reorganisation (Amendment) Bill 2025, Government of Union Territories (Amendment) Bill 2025 and the Constitution (One Hundred and Thirtieth Amendment) Bill 2025.The Congress has further said that such bills and tactics are merely a ruse to divert attention from the allegations of vote theft raised by Rahul Gandhi against the BJP and to distract from Gandhi’s voter rally in Bihar.
