The government is planning to introduce three bills in Parliament on Wednesday for the removal of a prime minister, a Union minister, a chief minister or a minister of a state or Union Territory when arrested or detained on serious criminal charges.
Constitutional Amendment Bills
These bills are the Government of Union Territories (Amendment) Bill 2025; the Constitution (One Hundred And Thirtieth Amendment) Bill 2025; and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025.
Union Home Minister Amit Shah will also move a motion in the Lok Sabha to refer these three bills to a joint committee of Parliament.
According to the statement of objects and reasons of the Government of Union Territories (Amendment) Bill 2025, there is no provision under the Government of Union Territories Act, 1963 (20 of 1963) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.
Hence, there is a need to amend section 45 of the Government of Union Territories Act, 1963, to provide a legal framework for the removal of a chief minister or a minister in such cases. The Bill seeks to achieve the above objectives.
The objectives of the Constitution (One Hundred And Thirtieth Amendment) Bill, 2025, say there is no provision under the Constitution for the removal of a minister who is arrested and detained in custody on account of serious criminal charges.
Hence, there is a need to amend Articles 75, 164 and 239AA of the Constitution, for providing a legal framework for the removal of the prime minister or a minister in the Union Council of Ministers and the chief minister or a minister in the Council of Ministers of States and the National Capital Territory of Delhi in such cases. The Bill seeks to achieve the above objectives.
J&K Reorganisation Bill
The objectives of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, say there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for the removal of the chief minister or a minister arrested and detained in custody on account of serious criminal charges.
Hence, there is a need to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to provide a legal framework for the removal of the Chief Minister or a Minister in such cases. The Bill seeks to achieve the above objectives.
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