SYLLABUS
GS-2: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Context:
Recently, the Union Home Minister introduced three bills in the Lok Sabha proposing the automatic removal of the Prime Minister, Chief Ministers and Union Ministers held on criminal charges.
More on the News
- Union Home Minister introduced all three bills in the Lok Sabha on August 20, 2025.
- All these bills aim to provide a legal framework for the removal of the Prime Minister, Union Ministers, Chief Ministers and Ministers in States and Union Territories who are arrested and detained on serious criminal charges.
- The Bills will be sent to the Joint Committee of Parliament, where members of both Houses, including those from the Opposition, will get an opportunity to give their suggestions.
Bills Introduced
- The Constitution (130th Amendment) Bill, 2025
- The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
- The Government of Union Territories (Amendment) Bill, 2025
Rationale behind the bill introduction
- Elected representatives embody the hopes and aspirations of the people and are expected to act solely in the public interest and welfare.
- Ministers must maintain character and conduct beyond suspicion, upholding constitutional morality and good governance.
- A Minister facing serious criminal allegations, if allowed to continue in office while in custody, may thwart governance, compromise constitutional morality and erode public trust.
- The bill seeks to protect constitutional trust and ensure that governance remains free from any influence of criminal misconduct.
Comparative table for all three bills and their provisions
| Feature | Constitution (130th Amendment) Bill, 2025 | Government of Union Territories (Amendment) Bill, 2025 | Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 |
| Scope | · Applies to the Prime Minister, Chief Ministers of states, Union Ministers and any other Ministers in the states and in Delhi. | · Applies to the Chief Minister and Ministers of Puducherry | · Applies to the Chief Minister and Ministers of Jammu and Kashmir |
| Constitutional or Legal Basis | · It amends Articles 75, 164 and 239AA | · It amends the Government of Union Territories Act, 1963 | · It amends the Jammu and Kashmir Reorganisation Act, 2019 |
| Grounds for Removal | · A minister will be removed if he is accused of an offence punishable with imprisonment of five years or more and has been detained for 30 consecutive days | · Same as Constitution Amendment Bill | · Same as Constitution Amendment Bill |
| Authority for Removal | · Prime Minister and Union Ministers: President on the advice of the Prime Minister.· State Ministers: Governor on the advice of the Chief Minister.· Delhi Ministers: President on the advice of the Chief Minister | · The President on the advice of the Chief Minister | · Lieutenant Governor on the advice of the Chief Minister |
| Removal of PM or CM | · Prime Minister or Chief Minister must resign by the 31st day of custody.· If not, office ceases from the 32nd day | · Chief Minister must resign by the 31st day of custody.· If not, office ceases from the 32nd day | · Chief Minister must resign by the 31st day of custody.· If not, office ceases from the 32nd day |
| Automatic Vacancy | · If no resignation or advice is given by the 31st day, office falls vacant on the 32nd day | · Same provision | · Same provision |
| Reappointment | · A minister may be reappointed after release from custody | · Same provision | · Same provision |
Significance of the Introduced Bills
- Strengthening Constitutional Morality: It prevents the continuation in office of leaders facing serious criminal charges, thereby upholding constitutional integrity.
- Protecting Public Trust in Governance: Bills Reinforce people’s faith in the political system by ensuring accountability of top executive positions.
- Uniform Legal Framework Across India: Establishes consistency in accountability standards across central, state and union territory governments.
- Deterrence Against Criminalisation of Politics: Acts as a strong check on the influence of individuals with criminal backgrounds in politics.