In a significant move aimed at cleansing Indian politics, Home Minister Amit Shah on Wednesday introduced three bills in the Lok Sabha that mandate automatic removal of the Prime Minister, Chief Ministers, and Ministers if they remain in jail or custody for more than 30 days in cases carrying a minimum punishment of five years.
The proposed laws include the 130th Constitution Amendment Bill 2025, the Union Territory Government (Amendment) Bill 2025, and the Jammu & Kashmir Reorganisation (Amendment) Bill 2025. Currently, there is no provision to remove a sitting PM, CM or minister on arrest, and disqualification applies only after a conviction of two years or more.
Key provisions state that if any minister, CM, or the PM is in jail beyond 30 consecutive days, resignation will become automatic on the 31st day. Once released, the person may be reappointed.
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The bills were introduced amid uproar from the opposition, who threw paper balls at Shah and accused the government of trying to destabilise non-BJP governments through central agencies. The bills were later referred to a Joint Parliamentary Committee for further scrutiny.
The government cited past instances where leaders like Delhi CM Arvind Kejriwal, former Delhi minister Satyendar Jain, and Tamil Nadu’s V. Senthil Balaji continued in office for months after their arrest.
Data from the Association for Democratic Reforms (ADR) shows that 46 per cent of MPs face criminal cases, with 31 per cent facing serious charges, while 45 per cent of MLAs are tainted.
However, as the move requires a constitutional amendment, it will need two-thirds support in both Houses of Parliament which is a challenging task amid strong opposition resistance.
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