PM, CMs, ministers to lose office if jailed 30 days: Home minister Amit Shah to table key bills
According to senior officials, the bill aims to provide a legal mechanism for automatic disqualification of top political office-bearers if they are arrested and held in custody for an offence punishable by five years or more.
- Aug 20, 2025,
- Updated Aug 20, 2025 7:24 AM IST
The government will introduce a bill in the Lok Sabha to remove any Prime Minister, Chief Minister, or minister detained on serious criminal charges for 30 consecutive days, marking a major shift in the constitutional accountability of elected officials.
According to senior officials, the bill aims to provide a legal mechanism for automatic disqualification of top political office-bearers if they are arrested and held in custody for an offence punishable by five years or more.
If a Union Minister is jailed, the President will remove them on the Prime Minister’s advice. If the Prime Minister offers no advice, removal becomes automatic on Day 31. The same process applies to state ministers, with the Governor acting on the Chief Minister’s advice — or triggering automatic dismissal in its absence.
In the case of the Prime Minister or a Chief Minister themselves, resignation is required by the 31st day of continuous custody, or their post will automatically terminate.
The bill, to be tabled by Union Home Minister Amit Shah, proposes to amend Articles 75, 164, and 239AA of the Constitution. It also introduces Clause 4A into Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, granting the Lieutenant Governor authority to remove detained ministers on the Chief Minister’s advice — or by default after 30 days.
“This legislation is intended to protect constitutional morality and restore public trust,” reads the Statement of Objects and Reasons. “A minister in custody on serious charges may hinder good governance and erode the constitutional trust reposed by the people.”
Currently, the Constitution allows for the removal of public representatives only upon conviction. This bill creates a new threshold: sustained pre-trial detention on grave charges.
While the ruling party has not commented publicly, the Opposition is expected to respond after internal deliberations on Wednesday morning.
The government will introduce a bill in the Lok Sabha to remove any Prime Minister, Chief Minister, or minister detained on serious criminal charges for 30 consecutive days, marking a major shift in the constitutional accountability of elected officials.
According to senior officials, the bill aims to provide a legal mechanism for automatic disqualification of top political office-bearers if they are arrested and held in custody for an offence punishable by five years or more.
If a Union Minister is jailed, the President will remove them on the Prime Minister’s advice. If the Prime Minister offers no advice, removal becomes automatic on Day 31. The same process applies to state ministers, with the Governor acting on the Chief Minister’s advice — or triggering automatic dismissal in its absence.
In the case of the Prime Minister or a Chief Minister themselves, resignation is required by the 31st day of continuous custody, or their post will automatically terminate.
The bill, to be tabled by Union Home Minister Amit Shah, proposes to amend Articles 75, 164, and 239AA of the Constitution. It also introduces Clause 4A into Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, granting the Lieutenant Governor authority to remove detained ministers on the Chief Minister’s advice — or by default after 30 days.
“This legislation is intended to protect constitutional morality and restore public trust,” reads the Statement of Objects and Reasons. “A minister in custody on serious charges may hinder good governance and erode the constitutional trust reposed by the people.”
Currently, the Constitution allows for the removal of public representatives only upon conviction. This bill creates a new threshold: sustained pre-trial detention on grave charges.
While the ruling party has not commented publicly, the Opposition is expected to respond after internal deliberations on Wednesday morning.