New Bill Seeks Procedure to Remove PM, CMs, and Ministers: Explained

Rapid Summary

• The Union government has introduced the 130th Constitutional Amendment Bill.
• the Bill proposes removal of Ministers who are arrested and detained for 30 consecutive days in relation to a criminal offense punishable with imprisonment of five years or more.
• Amendments target Articles 75, 164, and 239AA in the Constitution for Union, State Councils of ministers, and Delhi’s management.
• If the Prime Minister (PM) or Chief Minister (CM) is detained under similar circumstances, they will resign after being held for 30 days. PM/CM/Ministers may be reappointed upon release.
• Requires a two-thirds majority in both houses of Parliament; referred to Joint Parliamentary Committee (JPC).
• Existing law disqualifies convicted MPs/MLAs but does not cover ministers currently holding office unless sentenced.
• Concerns raised include undermining parliamentary democracy and potential misuse by the Center against opposition States.

Image description: MPs reacting after Union Home Minister Amit Shah tables Bills in Lok Sabha during Parliament’s monsoon session on August 20.

Indian Opinion Analysis

The introduction of the Bill reflects growing concerns over criminalisation in politics but raises significant constitutional and procedural implications. By mandating removal before trial proceedings begin-based solely on allegations-it could weaken core democratic principles such as presumption of innocence until proven guilty. Furthermore, critics worry that such provisions might grant the ruling government disproportionate power against political adversaries, particularly ministers from opposition parties.

While addressing political criminalisation remains crucial-with nearly half of MPs/MLAs reportedly facing charges-the proposed focus appears reactive rather than preventive. Encouraging political parties to refrain from fielding candidates with serious criminal records might yield more lasting reform than legislatively enforced removals post-election. Careful scrutiny by lawmakers will be essential to reconcile democratic integrity with accountability under this legislation.

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