Centre to Table Bills Allowing Removal of PM and CMs Facing Serious Criminal Charges

The government is set to introduce a bill in the Lok Sabha on Wednesday to establish a legal framework for the removal of the Prime Minister, Chief Ministers, or Ministers of Union Territories, including Jammu and Kashmir, if they are arrested or held on serious criminal charges, officials confirmed.

The legislation proposes amendments to Articles 75, 164, and 239AA of the Constitution, as well as Section 54 of the Jammu and Kashmir Reorganisation Act, 2019. Under the bill, any Minister—including the Prime Minister, Chief Minister, or Union Territory Minister—who is arrested and held in custody for 30 consecutive days for an offence punishable by five years or more in prison will be subject to removal from office.

For Jammu and Kashmir, a new clause (4A) in Section 54 is proposed. It states that a Minister detained for 30 consecutive days will be removed by the Lieutenant Governor on the advice of the Chief Minister by the 31st day. If no advice is given, the Minister will automatically cease to hold office from the next day.

A similar procedure applies to the Union and State Governments, ensuring that a detained Minister or Prime Minister is removed automatically on the 31st day of continuous custody.

The Statement of Objects and Reasons highlights the importance of protecting constitutional morality and maintaining public trust in elected leaders. Currently, the Constitution has no provision to remove a sitting Prime Minister or Minister under serious criminal charges.

“It is expected that the character and conduct of Ministers should remain beyond suspicion,” the statement said. “A Minister facing serious criminal allegations, arrested and detained, could undermine constitutional principles, obstruct governance, and erode public trust in the office.”

The bill aims to ensure accountability and uphold the integrity of public office, marking a significant step in strengthening governance standards.