Amit Shah to Table Bills Allowing Removal of PM, CMs, Ministers Held in Custody for 30 Days

Union home minister Amit Shah will introduce three key bills in the Lok Sabha on Wednesday, including a constitutional amendment that seeks to disqualify a sitting minister, chief minister, or even the prime minister if they remain under arrest or detention for 30 consecutive days on charges carrying a potential jail term of five years or more.

According to the Lok Sabha’s list of business, the Centre will move The Constitution (130th Amendment) Bill, The Jammu & Kashmir Reorganisation (Amendment) Bill, and The Government of Union Territories (Amendment) Bill. The government has also listed a motion to refer the bills to a joint parliamentary committee.

The proposed legal framework will apply to Union and state ministers, CMs in Union territories such as Jammu & Kashmir, and the prime minister himself. The draft amendment makes it mandatory for the President to remove a minister detained beyond 30 days, even if the PM does not advise removal in time. In the case of the PM, the law requires resignation by the 31st day, failing which the position will automatically stand vacated.

However, the bills clarify that leaders removed under these provisions may be reappointed once released from custody.

Currently, the Constitution allows disqualification of MPs and MLAs only upon conviction for an offence with a minimum two-year sentence. There is no provision for the removal of ministers who are arrested or detained.

The statement of objects and reasons says the move is aimed at upholding “constitutional morality and public trust,” noting that ministers facing serious criminal charges could compromise good governance.

The Opposition, however, is likely to object, citing possible misuse. Over the past five years, sitting CMs including former Delhi CM Arvind Kejriwal and Jharkhand’s Hemant Soren have been arrested by central agencies, with opposition parties alleging political vendetta.

Congress MP Abhishek Manu Singhvi criticised the proposal, calling it “a vicious circle” that could allow ruling parties to destabilise opposition governments through “arbitrary arrests” while sparing their own leaders.

The monsoon session, which ends on August 21, has already been marked by frequent Opposition boycotts and protests.