Unpackaging the Bill defining removal of PM, CMs, Ministers facing criminal charges

The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, proposes significant amendments to the Constitution of India, specifically targeting articles 75, 164, and 239AA.

To be introduced in the Lok Sabha by Union Home Minister Amit Shah on Wednesday, the Bill aims to establish a legal framework for the removal of the Prime Minister, Chief Ministers, and other Ministers who are facing serious criminal allegations and are detained in custody.

The main objectives of the Bill are to uphold constitutional morality, principles of good governance, and public trust, as there is currently no constitutional provision for the removal of a minister arrested and detained on serious criminal charges.

The Bill is based on the expectation that Ministers' character and conduct should be beyond suspicion, and that those facing serious criminal allegations who are detained may hinder good governance and diminish public trust.

Here is a detailed overview of what the Bill proposes:

Common conditions for removal/cessation

- A Minister, Prime Minister, or Chief Minister must be arrested and detained in custody.

- This detention must be for a period of 30 consecutive days during their tenure in office.

- The detention must be on allegation of committing an offence punishable with imprisonment for a term which may extend to five years or more.

Amendments to Article 75 (Union Council of Ministers)

- Union Minister: If a Minister meets the conditions, they shall be removed from office by the President on the advice of the Prime Minister, which must be tendered by the 31st day after the arrest and detention. If the Prime Minister's advice for removal is not tendered by the 31st day, the Minister shall automatically cease to be a Minister from the day thereafter.

- Prime Minister: If the Prime Minister meets the conditions, they shall tender their resignation by the 31st day after such arrest and detention. If the Prime Minister fails to tender their resignation, they shall automatically cease to be the Prime Minister from the day thereafter.

- Provision for re-appointment: Notably, the Bill states that nothing in this clause prevents such a Prime Minister or Minister from being subsequently appointed to their office by the President upon their release from custody.

Amendments to Article 164 (Council of Ministers of States) :

- State Minister: Similar to Union Ministers, a state minister meeting the conditions shall be removed from office by the Governor on the advice of the Chief Minister, to be tendered by the 31st day. If the Chief Minister's advice for removal is not tendered by the 31st day, the Minister shall automatically cease to be a Minister from the day thereafter.

- Chief Minister (State): If a Chief Minister meets the conditions, they shall tender their resignation by the 31st day after arrest and detention. If they do not tender their resignation, they shall automatically cease to be the Chief Minister from the day thereafter.

- Provision for Re-appointment: This clause also includes a provision allowing such a Chief Minister or Minister to be subsequently appointed by the Governor upon their release from custody.

Amendments to Article 239AA (National Capital Territory of Delhi)

- NCT of Delhi Minister: If a Minister in the National Capital Territory of Delhi meets the specified conditions, they shall be removed from office by the President on the advice of the Chief Minister of Delhi, to be tendered by the 31st day. If the Chief Minister's advice for removal is not tendered by the 31st day, the Minister shall automatically cease to be a Minister from the day thereafter.

- Chief Minister (NCT of Delhi): If the Chief Minister of Delhi meets the conditions, they shall tender their resignation by the thirty-first day after arrest and detention. If they do not tender their resignation, they shall automatically cease to be the Chief Minister from the day thereafter.

- Provision for Re-appointment: This clause also permits such a Chief Minister or Minister to be subsequently appointed by the President upon their release from custody.

In essence, the Bill aims to introduce clear constitutional provisions to address situations where high-ranking elected officials are implicated in serious criminal offenses and are detained, ensuring that their continued holding of office does not undermine constitutional trust.