New Delhi, August 20, 2025 – In a landmark move aimed at enhancing accountability and integrity in public office, Union Home Minister Amit Shah is set to introduce three significant bills in the Lok Sabha today, August 20, 2025. These bills propose the automatic removal of the Prime Minister, Chief Ministers, and Ministers at the Centre, States, and Union Territories if they remain in custody for 30 consecutive days on serious criminal charges carrying a minimum imprisonment term of five years. The proposed legislation marks a significant shift in India’s governance framework, ensuring that elected representatives facing grave allegations cannot continue to hold executive positions without due legal scrutiny.

The Bills: A New Legal Framework

The three bills, listed in the revised agenda of the Lok Sabha for the ongoing Monsoon Session, are:

1. The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025
   This bill seeks to amend Articles 75, 164, and 239AA of the Constitution to provide a legal framework for the removal of the Prime Minister, Union Ministers, Chief Ministers, and State Ministers detained for 30 consecutive days on charges punishable by five years or more. The amendment introduces a new clause, 5A, to Article 239AA, specifically addressing the National Capital Territory of Delhi. It mandates that a Prime Minister or Minister must tender their resignation by the 31st day of custody, failing which they will automatically cease to hold office.
2. The Government of Union Territories (Amendment) Bill, 2025
   This bill amends the Government of Union Territories Act, 1963, to include provisions for the removal of Chief Ministers or Ministers in Union Territories like Delhi and Puducherry if they are detained for 30 days on serious charges. The removal will be enacted by the Lieutenant Governor on the advice of the Chief Minister, or automatically if no advice is tendered by the 31st day.
3. The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
   This bill amends Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to provide a similar legal framework for the removal of the Chief Minister or Ministers in the Union Territory of Jammu and Kashmir. The Lieutenant Governor will act on the Chief Minister’s advice to remove a detained Minister, with automatic removal on the 31st day if no advice is provided.

Key Provisions of the Bills

The proposed legislation stipulates that any Prime Minister, Chief Minister, or Minister arrested and detained for 30 consecutive days on allegations of committing an offence punishable with imprisonment of five years or more will face the following consequences:

• They must tender their resignation by the 31st day of custody.
• If they fail to resign, they will automatically cease to hold office on the 31st day.
• The removal process will be executed by the President (for the Prime Minister and Union Ministers), the Governor (for State Chief Ministers and Ministers), or the Lieutenant Governor (for Union Territory Chief Ministers and Ministers).
• Notably, the bills allow for the reappointment of such individuals to their posts upon release from custody, ensuring they are not permanently barred from office.

The statement of objects and reasons for these bills emphasizes that elected representatives embody the hopes and aspirations of the Indian people and must act in the public interest. A Minister or leader detained on serious charges may undermine constitutional morality and good governance, eroding public trust. The absence of existing provisions in the Constitution, the Government of Union Territories Act, 1963, and the Jammu and Kashmir Reorganisation Act, 2019, for such removals necessitated these amendments.

Context and Rationale

The introduction of these bills comes in the wake of high-profile cases where elected officials continued to hold office despite prolonged detention. Notable examples include former Delhi Chief Minister Arvind Kejriwal, who remained in office while in custody in connection with the Delhi excise policy case, and Tamil Nadu Minister V. Senthil Balaji, who continued as a Minister despite his arrest. These instances raised questions about accountability and the ethical conduct expected of public officials, prompting the government to propose a legal framework to address such situations.

Union Home Minister Amit Shah, in his statement, underscored that a Minister facing serious criminal allegations and detained for an extended period may hinder the principles of good governance and diminish public trust. The bills aim to ensure that officials facing grave charges cannot continue in executive roles without legal scrutiny, thereby strengthening accountability in governance.

Political Reactions and Opposition Concerns

The announcement of these bills has sparked significant political debate, with the Opposition alleging that the legislation could be misused to destabilize non-BJP governments. Opposition leaders, including Congress and Samajwadi Party (SP) MPs, have criticized the bills as a potential tool for the central government to target opposition-led state governments by leveraging central agencies to arrest Chief Ministers or Ministers on “arbitrary” charges. An Opposition MP, speaking to India Today, vowed fierce resistance, stating, “We won’t even let it be introduced. We will break the table and tear the bill.” The Congress has further claimed that the bills are a diversionary tactic to shift attention from Rahul Gandhi’s ongoing Voter Adhikar Yatra in Bihar.

The government, however, maintains that the bills are a step toward decriminalizing politics and ensuring ethical governance. Amit Shah is expected to move a motion to refer the bills to a Joint Parliamentary Committee (JPC) for further scrutiny, comprising 21 members from the Lok Sabha and 10 from the Rajya Sabha. This move suggests an intent to incorporate broader consultation, though the timing—two days before the end of the Monsoon Session—has surprised political circles and raised questions about procedural adherence.

Procedural Controversy

The introduction of these bills has not been without procedural controversy. According to The Wire, Amit Shah’s request to table the bills was initially flagged by the Lok Sabha secretariat as potentially violating Rules 19A and 19B, which require prior notice and circulation of bills to members for review. Shah reportedly cited a “paucity of time” and urged the Lok Sabha Secretary-General to relax these rules, allowing the bills to be included in the revised government business agenda for August 20, 2025.

Implications for Indian Politics

These bills, if passed, could significantly reshape India’s political landscape by introducing a mechanism to swiftly remove elected officials detained on serious charges, even without a conviction. Currently, the Representation of the People Act, 1951, mandates disqualification of legislators only upon conviction with a sentence of two years or more. The new bills lower the threshold for removal to 30 days of custody without bail, raising concerns among critics about potential misuse against political opponents.

However, supporters argue that the legislation will deter elected officials from engaging in activities that could lead to serious criminal charges and ensure that governance remains untainted by prolonged legal controversies. The provision allowing reappointment after release from custody is seen as a balancing measure to prevent permanent disqualification based solely on allegations.

Conclusion

The introduction of these three bills by Union Home Minister Amit Shah represents a bold attempt to address gaps in India’s legal framework governing the conduct of elected representatives. While the government frames the bills as a move toward greater accountability, the Opposition’s concerns about potential political misuse highlight the contentious nature of the legislation. As the Lok Sabha prepares for a stormy session, all eyes will be on the debates and the Joint Parliamentary Committee’s review, which will determine the final shape of these historic bills.

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