Why in the News?
The Union Home Minister is set to introduce three bills in the Lok Sabha to provide legal framework for removal of the Prime Minister, Union Ministers, Chief Ministers and Ministers in States and UTs who are “arrested and detained in custody on account of serious criminal charges.”
Which are the three Bills?
- 130th Constitutional Amendment Bill, 2025 (discussed below)
- Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 – Provides clarity on removal of CM and Ministers in J&K.
- Government of Union Territories (Amendment) Bill, 2025 – Defines similar provisions for Puducherry and other UTs.
About the 130th Constitutional Amendment Bill, 2025:
- Scope: Applies to Prime Minister, Chief Ministers, and Ministers at Union, State, and Union Territory levels.
- Grounds for Removal: Arrest and detention for 30 consecutive days for an offense punishable by five years or more.
- Reappointment: Possible after release from custody.
- Objective: Prevent prolonged tenure of arrested leaders in office (e.g., recent case involving Delhi CM Arvind Kejriwal).
Amendments proposed to the following Articles:
| Current Provision | Limitation | Changes Proposed | |
| Article 75 (Union – PM & Union Ministers) | PM appointed by President; Ministers appointed on PM’s advice. They hold office during the pleasure of the President. Removal is political (loss of confidence, resignation, dismissal). | No explicit mechanism to remove PM/Ministers if detained/arrested for long periods. | New provision: If PM or any Union Minister is detained in custody for 30 consecutive days for a serious offense (≥5 years punishment), they must resign by 31st day or automatically cease to hold office. They may be reappointed after release. |
| Article 164 (States – CM & State Ministers) | CM appointed by Governor; Ministers appointed on CM’s advice. They hold office during the pleasure of the Governor. Council of Ministers collectively responsible to State Assembly. | No clear rule for automatic removal if CM/Ministers remain in custody. | Similar to Union level: If CM or Minister is detained in custody for 30 consecutive days under serious charges (≥5 years punishment), they automatically lose office. Reappointment allowed after release. |
| Article 239AA (Union Territory of Delhi – CM & Ministers) | Special status for Delhi (NCT). CM and Council of Ministers aid & advise LG. They hold office as per political responsibility to the Assembly. | No explicit provision for automatic removal on detention. | A new Section 5A to be inserted: CM/Ministers of NCT of Delhi cease office if detained for 30 days under serious charges (≥5 years). Reappointment possible after release. |
Rationale and Significance:
- At present, the Constitution has no provision for automatic removal of ministers in custody.
- Bill ensures that office bearers uphold public trust and do not undermine governance during detention.
- The statement of objects emphasized that elected representatives must rise above political interests and maintain conduct beyond suspicion.
- Promotes integrity of democracy by aligning ministerial positions with constitutional morality and accountability.
| [UPSC 2020] Consider the following statements:
1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. 2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Options: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2* |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
