New legislation proposes automatic removal of top elected officials held in custody for 30 consecutive days on serious criminal charges.
New Bills to Ensure Removal of Arrested Ministers
A landmark set of bills aiming to remove the Prime Minister, Union ministers, Chief Ministers, and ministers of Union Territories who are arrested and detained for 30 consecutive days will be tabled in Parliament on Wednesday.
The proposed law mandates that any such elected official, upon being held in custody for 30 continuous days, must resign by the 31st day or face automatic removal from office.
Key Details of the Proposed Law
- Coverage:
The bill covers the Prime Minister, Union ministers, Chief Ministers, and ministers of states and Union Territories. - Trigger Condition:
Arrest and custody for 30 consecutive days on serious criminal charges. - Nature of Crimes:
Offences punishable with a minimum of five years imprisonment, including serious crimes such as murder and large-scale corruption. - Constitutional Amendments:
The bills propose amendments to Articles 75, 164, and 239AA of the Constitution to enforce these changes.
Other Related Bills in Parliament
Alongside this bill, two other key bills will also be tabled:
- Government of Union Territories (Amendment) Bill 2025
- Constitution (One Hundred and Thirtieth Amendment) Bill 2025
- Jammu and Kashmir Reorganisation (Amendment) Bill 2025
Union Home Minister Amit Shah is expected to move the motion in the Lok Sabha. These bills may be referred to a parliamentary committee for detailed examination.
Political Reactions and Context
- Opposition Response:
Opposition parties have yet to take an official stance but are scheduled to meet Wednesday morning to discuss the bills. - Current Practice:
Presently, only elected officials convicted of crimes can be removed. Ministers accused of serious offences often resign voluntarily before arrest to maintain government stability. - Notable Exception:
Aam Aadmi Party leader Arvind Kejriwal led the Delhi government from jail for six months after his arrest in the Delhi excise policy case last year.
Why This Bill Matters
This legislation marks a significant shift in Indian governance, aiming to strengthen accountability by ensuring that elected representatives facing serious criminal allegations cannot continue in office while under arrest. It targets high-profile leaders, seeking to restore public trust in political leadership.
What’s Next?
- Parliamentary debate and referral to a committee.
- Opposition’s detailed response after Wednesday’s meeting.
- Potential impact on ongoing cases involving politicians.
The introduction of these bills marks a crucial step toward enhancing political accountability and transparency in India. As Parliament debates these proposed changes, all eyes will be on how this legislation shapes the future of governance and the standards expected from the country’s top elected leaders.
