Union Home Minister Amit Shah will introduce three major bills in the Lok Sabha on Wednesday. These bills propose that a sitting minister, chief minister, or even the prime minister can lose their post within a month if they are detained for 30 consecutive days over an offence punishable with five years or more in jail.

The Bills in Focus

The government listed three bills for introduction:

• The Constitution (130th Amendment) Bill

• The Jammu & Kashmir Reorganization (Amendment) Bill

• The Government of Union Territories (Amendment) Bill

After introduction, the government may send these bills to a joint parliamentary committee for review.

The proposed laws aim to create a new framework for ministers in states, Union territories, and at the Centre. They also apply to the chief ministers, union ministers, and the prime minister. However, they allow a dismissed leader to return to office after release from custody.

The Key Amendment

A copy of the Constitution amendment bill reviewed by HT outlines a new clause, 5(A), in Article 75. It states:

“A minister, who for any period of thirty consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office by the President on the advice of the Prime Minister to be tendered by the thirty-first day, after being taken in such custody.”

If the PM does not advise removal within this period, the minister will automatically lose the post the next day.

The law also tightens rules for the PM. It says that if a sitting prime minister is arrested and held for 30 days for an offence carrying a five-year sentence, they must resign by the thirty-first day. If they do not, they will automatically cease to hold office.

The amendment allows reappointment after release. This rule will also apply to state chief ministers and ministers in Union territories.

Why the Change?

Currently, there is no constitutional provision to remove a minister only because of arrest. A lawmaker loses membership only if convicted of a crime punishable by at least two years, which also ends their ministership.

The government argues that elected representatives carry the hopes of the people. “It is expected that the character and conduct of ministers holding the office should be beyond any ray of suspicion,” the statement of objects and reasons said.

It added that ministers facing serious charges could harm constitutional morality and weaken public trust. “There is however, no provision under the Constitution for removal of a minister who is arrested and detained in custody on account of serious criminal charges,” the bill said.

Articles and Acts to be Amended

• Articles 75, 164, and 239AA of the Constitution

• Section 45 of the Government of Union Territories Act, 1963

• Section 54 of the Jammu and Kashmir Reorganisation Act, 2019

Political Concerns

The move comes just two days before the monsoon session ends on August 21. Opposition protests have repeatedly stalled Parliament.

Critics warn the new law could be misused. They point out that in the past, several ministers continued in office even after arrests by central agencies. They argue that such provisions could help remove rivals through politically motivated cases.

Over the last five years, former Delhi CM Arvind Kejriwal and Jharkhand CM Hemant Soren faced arrests that the Opposition said were politically driven.

Reacting to the proposal, Congress MP Abhishek Manu Singhvi said, “Wht a vicious circle! No guildelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!”