NEW DELHI: In a significant move, home minister Amit Shah will on Wednesday move a set of three bills providing for mandatory resignation or removal of the Prime Minister , chief ministers and ministers at the Centre and in states/UTs, if they have spent 30 consecutive days under arrest or detention, on an allegation of committing offences punishable with imprisonment extending to five years or more.
However, nothing will prevent such PM, CMs or ministers from being subsequently appointed to the same office by President or governor, upon their release from custody.
The timing of the amendments, two days before the end of Parliament's Monsoon session, and their implications caught political circles by surprise. The Representation of the People's Act, 1951 provides for the disqualification of members of state legislatures and Parliament if they are convicted with a sentence of two years or more. Convictions for serious offences such as corruption and drug trafficking result in disqualification irrespective of the duration of the sentence.
There was so far no bar on ministers holding on to their offices after their arrests: something that was justified on the ground that no one deserves to be punished until proven guilty. Until a few years ago, ministers and CMs facing arrests, resigned. But the convention was of late followed more in breach with several ministers continuing in their posts after their arrests. The SC recently sought to reinstate the practice by forcing Tamil Nadu minister Senthil Balaji to step down.
Shah, in the statement of objects and reasons of the bills, says the elected representatives, who represent hopes and aspirations of the people, are expected to act only in public interest and have character and conduct that is beyond any ray of suspicion.
Ministers facing criminal charges hinder good governance, says Shah
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, Union minister Amit Shah said. The bills may be sent to a parliamentary panel for detailed scrutiny of provisions.
The Constitution (One Hundred and Thirtieth Amendment) Bill states the PM, if under arrest or detention for 30 days on allegation of committing an offence punishable with jail term that may extend to five years or more, shall tender his resignation by the 31st day. "If he does not tender his resignation, he shall cease to be PM with effect from the day falling thereafter," it adds.
The same provisions will apply in case of a state or UT CM - the latter covered by two separate bills, Govt of Union Territories (Amendment) Bill, 2025 and Jammu and Kashmir Reorganisation (Amendment) Act, 2025 - arrested for a straight 30 days for an offence carrying a prison sentence of five years or more.
Even the ministers in the Council of States at Centre and in states/UTs will be bound by the same provisions. While a Union minister shall be removed from office by the President on advice of the PM, state or UT ministers shall be removed by the governor on advice of the CM.
In recent past, then Delhi chief minister Arvind Kejriwal had refused to resign after he was arrested in a liquor 'scam' case and spent several months in jail. It was only after he was let out on bail that he stepped down and named Atishi as CM.
However, nothing will prevent such PM, CMs or ministers from being subsequently appointed to the same office by President or governor, upon their release from custody.
The timing of the amendments, two days before the end of Parliament's Monsoon session, and their implications caught political circles by surprise. The Representation of the People's Act, 1951 provides for the disqualification of members of state legislatures and Parliament if they are convicted with a sentence of two years or more. Convictions for serious offences such as corruption and drug trafficking result in disqualification irrespective of the duration of the sentence.
There was so far no bar on ministers holding on to their offices after their arrests: something that was justified on the ground that no one deserves to be punished until proven guilty. Until a few years ago, ministers and CMs facing arrests, resigned. But the convention was of late followed more in breach with several ministers continuing in their posts after their arrests. The SC recently sought to reinstate the practice by forcing Tamil Nadu minister Senthil Balaji to step down.
Shah, in the statement of objects and reasons of the bills, says the elected representatives, who represent hopes and aspirations of the people, are expected to act only in public interest and have character and conduct that is beyond any ray of suspicion.
Ministers facing criminal charges hinder good governance, says Shah
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, Union minister Amit Shah said. The bills may be sent to a parliamentary panel for detailed scrutiny of provisions.
The Constitution (One Hundred and Thirtieth Amendment) Bill states the PM, if under arrest or detention for 30 days on allegation of committing an offence punishable with jail term that may extend to five years or more, shall tender his resignation by the 31st day. "If he does not tender his resignation, he shall cease to be PM with effect from the day falling thereafter," it adds.
The same provisions will apply in case of a state or UT CM - the latter covered by two separate bills, Govt of Union Territories (Amendment) Bill, 2025 and Jammu and Kashmir Reorganisation (Amendment) Act, 2025 - arrested for a straight 30 days for an offence carrying a prison sentence of five years or more.
Even the ministers in the Council of States at Centre and in states/UTs will be bound by the same provisions. While a Union minister shall be removed from office by the President on advice of the PM, state or UT ministers shall be removed by the governor on advice of the CM.
In recent past, then Delhi chief minister Arvind Kejriwal had refused to resign after he was arrested in a liquor 'scam' case and spent several months in jail. It was only after he was let out on bail that he stepped down and named Atishi as CM.
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