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3 key bills propose norms to remove PM, CMs, ministers over criminal charges; to be tabled in Lok Sabha today
These bills speak of action on charges alone, not requiring conviction by a court, making them much stricter than current laws
The central government is set to move three key bills, including one for a constitutional amendment, in the Lok Sabha on Wednesday to codify a legal framework for the removal of the prime minister, chief ministers, and ministers at the Centre or in states/UTs, if they are arrested on certain serious criminal charges.
These bills speak of action on charges alone, not requiring conviction by a court, making them much stricter than current laws.
Union home minister Amit Shah may move a motion to refer these bills to a joint committee of Parliament for now, reports said, as these are likely to face stringent opposition.
There have been recent cases when incumbent CMs — such as Arvind Kejriwal in Delhi and Hemant Soren in Jharkhand — spent several weeks in jail on corruption allegations.
What are the bills called?
These bills are on the list of government business shared by the parliamentary affairs ministry with the Lok Sabha secretariat for August 20:
- The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025,
- Government of Union Territories (Amendment) Bill, 2025; and
- The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
Contrary to speculation, however, for now there is no confirmed move to restore statehood of Jammu and Kashmir.
The three bills together cover the PM, CMs and ministers across states and UTs, plus the National Capital Territory (NCT) of Delhi. If they are arrested and remain in custody for 30 consecutive days, for an offence punishable with jail of at least five years, they shall have to resign by the 31st day or be automatically removed, say the bills.
Know next steps
- Of the three bills, the constitutional amendment — dealing with the PM, union ministers, and the CMs and ministers in states and Delhi NCT — will need a special majority. That means at least two-thirds of the Parliament's strength, which the BJP-led NDA does not currently have.
- For the bills dealing with J&K and other UTs, a simple majority could do. These would, if passed, essentially grant powers to the Centre or President to remove a CM or ministers merely on accusations, and not require for them to be held guilty.
What bills say on objectives
The Objects and Reasons sections of the bills argue that someone who faces allegations of serious criminal offences “may thwart or hinder the canons of constitutional morality and principles of good governance”.
In case of UTs, the bill mentions that there is no relevant provision in the present law, hence the need to amend the 1963 act.
Similar arguments are made in the other two bills, according to a PTI report.
The constitutional amendment bill speaks of changes in Articles 75, 164 and 239AA; and the amendment for Jammu and Kashmir is for section 54, in the 2019 reorganisation act that turned it from a state to a UT.
The government's likely move comes when the Opposition has been making headlines with “vote theft” allegations, and holding protests against the Special Intensive Revision (SIR) of the electoral rolls in Bihar. These issues have caused repeated logjam in the ongoing monsoon session of Parliament.
