The government is set to introduce a bill in the Lok Sabha today that would make it possible to remove the Prime Minister, Chief Ministers, and Ministers of Union Territories, including Jammu and Kashmir, if they remain in jail for 30 consecutive days on serious criminal charges.
According to officials, the proposed law will apply to offences that carry a punishment of five years or more. If a Union Minister is in custody for 30 days, the President will remove them from office on the advice of the Prime Minister. If no advice is given, the minister will automatically lose their post on the 31st day.
If the Prime Minister himself is in custody for 30 days, he must resign by the 31st day. Otherwise, his position will automatically end. The same rules would apply to states, where Governors will act on the advice of Chief Ministers. If the Chief Minister is in jail for 30 days, he too must resign by the 31st day or lose his post automatically.
The bill seeks to amend Articles 75, 164, and 239AA of the Constitution, along with Section 54 of the Jammu and Kashmir Reorganisation Act, 2019. A new clause (4A) is proposed for Jammu and Kashmir, requiring the Lieutenant Governor to remove any detained minister after 30 days, or for the minister to automatically lose office if no advice is given.
The Statement of Objects and Reasons of the bill says the move is aimed at protecting “constitutional morality” and public trust in elected representatives.
“It is expected that the character and conduct of Ministers holding office should be beyond any ray of suspicion,” the statement reads. “A Minister, who is facing allegations of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.”
If passed, this would be the first law to clearly define how top leaders can be removed when under long-term detention for serious crimes.
