Parliament Considers Bills for Removal of Jailed PM, CMs, and Ministers
The Union government has introduced three bills in the Lok Sabha, including a constitutional amendment, that would mandate the removal of a Prime Minister, Chief Minister, or minister if they are arrested and detained for 30 consecutive days on criminal charges punishable by five or more years. The bills, introduced by Home Minister Amit Shah, were referred to a joint parliamentary committee for examination amidst fierce protests from opposition parties, who labelled the move an undemocratic attack on federalism.
Unpacked:
The bill seeks to amend Articles 75, 164, and 239AA of the Constitution to enable the removal of the Prime Minister, Chief Ministers, and Ministers if arrested and detained for over 30 days on serious criminal charges.
The opposition claims the bills are an undemocratic attack on federalism and allege the ruling party could misuse central agencies to target opposition leaders, destabilize state governments, and remove rivals under the pretext of criminal investigations.
Removal is triggered by arrest and 30 consecutive days of detention for an offense punishable by five or more years, regardless of conviction—mere allegation and custody is sufficient for removal under the proposed law.
Yes, the bills specify that removal does not prevent reappointment; once released from custody or securing bail, a removed individual may be reappointed to office through the usual legal process.