Government to Introduce Bills for Automatic Removal of Jailed Ministers
The Union government plans to introduce three bills in Parliament to create a legal framework for the automatic removal of a Prime Minister, Union minister, or Chief Minister. Under the proposed law, if such an official is arrested and detained for 30 consecutive days on serious criminal charges (punishable by five or more years), they would cease to hold office on the 31st day. The move aims to enhance political accountability and ensure governance is not run from custody.
Unpacked:
The bills propose amendments to Articles 75, 164, and 239AA of the Constitution, establishing a legal framework for the automatic removal of the Prime Minister, Union Ministers, Chief Ministers, and State Ministers if arrested on serious criminal charges and held for 30 consecutive days.
Supporters argue the bills enhance political accountability and prevent officials from running governance while in custody. Critics, especially opposition parties, claim the bills could be misused to destabilize non-BJP governments by enabling removal through potentially biased central agency arrests.
Yes, civil servants in India are suspended upon arrest, even without conviction. The proposed legislation aims to bring elected leaders like Prime Ministers and Chief Ministers to the same standard as civil servants regarding removal upon arrest.
Yes, under the proposed law, a Prime Minister, Chief Minister, or Minister who is removed after 30 days in custody can be re-appointed to their post by the President or Governor upon their release from custody.