Amit Shah to Table Bill for Automatic Removal of PM, CMs and Ministers Jailed for 30 Days
Union Home Minister Amit Shah is set to table a landmark bill in the Lok Sabha that will allow for the automatic removal of any Prime Minister, Chief Minister or minister who remains in judicial custody for 30 consecutive days on serious criminal charges. The proposed legislation marks a major shift in constitutional accountability by disqualifying top elected officials even before conviction if they are held in pre-trial detention for offences carrying a punishment of five years or more.
According to senior officials, the bill seeks to establish a legal mechanism that would trigger automatic dismissal unless removal is formally advised by the concerned authority within the first 30 days of custody.
Key Provisions of the Bill – Disqualification After 30 Days in Custody
Under the new proposal, if a Union Minister is arrested and remains in custody, the President can remove the minister on the advice of the Prime Minister. If the Prime Minister fails to provide such advice within 30 days, the minister would be automatically removed from office on Day 31.
The same rule will apply at the state level, with governors acting on the advice of the Chief Minister — or triggering automatic dismissal in the absence of such advice.
In the case of the Prime Minister or a Chief Minister themselves, they will be required to resign by the 31st day of continuous custody. Failure to do so will result in automatic termination from office.
Proposed Constitutional Amendments and Scope of the Bill
The bill — to be tabled by Amit Shah — proposes amendments to Articles 75, 164 and 239AA of the Constitution of India. It also seeks to insert Clause 4A into Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, empowering the Lieutenant Governor to remove state ministers under similar circumstances.
According to the Statement of Objects and Reasons, the aim of this legislation is “to protect constitutional morality and restore public trust,” arguing that a minister in custody on serious criminal charges may compromise good governance and weaken the faith reposed by the people.
Automatic Removal if No Action Taken – A New Threshold for Office Holders
Unlike the current framework, which requires conviction before disqualification, the new bill introduces a new threshold based on sustained pre-trial detention. Officials emphasised that this addresses the gap where serious allegations could leave important offices effectively “vacant” even though the individual remains officially in position.
In the case of Jammu and Kashmir, the Lieutenant Governor will be empowered to remove detained ministers based on the Chief Minister’s recommendation — or automatically, if no recommendation is made within 30 days.
Political Reactions
While the ruling party has not commented publicly so far, the Opposition is expected to issue a statement after internal discussions on Wednesday morning. The move is likely to trigger a wider debate in Parliament on constitutional morality and the standards of accountability expected from elected representatives.
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