New Delhi, August 20, 2025 – Union Home Minister Amit Shah on Wednesday introduced three significant bills in Parliament aimed at strengthening accountability and restoring public trust in elected offices. These bills seek to establish clear provisions for the removal of prime ministers, chief ministers, and ministers arrested or detained on serious criminal charges.
The Key Bills Introduced
The three bills tabled were:
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130th Constitutional Amendment Bill
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Union Territory Administration Amendment Bill, 2025
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Jammu and Kashmir Reorganisation Bill, 2025
The central reform is contained in the 130th Constitutional Amendment Bill, which inserts a new clause (5A) into Article 239AA. It mandates that if a sitting PM, CM, or minister is arrested and held in custody for 30 consecutive days on charges punishable by five years or more, they must resign by the 31st day. Failing that, they will automatically cease to hold office.
This addresses situations like Delhi. Where Chief Minister Arvind Kejriwal remained in office for nearly six months despite being in custody over the alleged liquor scam. Tamil Nadu minister Senthil Balaji’s case. Where he continued in the council after arrest, also underscored the gap this law seeks to plug.
Return Possible After Release
The amendment balances accountability with fairness. It provides that a PM, CM, or minister removed under these provisions can return to office if acquitted or released from custody, through reappointment by the President or Governor as per procedure.
Similar provisions are being introduced for Union Territories and Jammu and Kashmir. Under the proposed changes:
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In UTs, a minister detained for 30 days will be removed by the Lieutenant Governor.
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In Jammu & Kashmir, Section 54 of the Reorganisation Act will be amended to empower the LG to remove ministers under the same circumstances.
Rationale Behind the Bills
The government’s statement of objectives highlights the spirit behind these reforms:
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Ministers must embody integrity and public trust.
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Holding office while under grave criminal suspicion undermines constitutional morality and good governance.
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The trust reposed by citizens is weakened if tainted leaders continue in power.
This move, therefore, is framed as a step toward protecting democracy from both perceptional damage and actual abuse of power.
Political Reactions
As expected, the proposal has stirred debate. Congress leader Abhishek Manu Singhvi criticised the move, calling it a tool to target opposition leaders through politically motivated arrests. He argued it could destabilise elected governments without electoral defeat.
However, the government has emphasised that the provisions are neutral, binding on all parties, and designed to prevent prolonged controversies that erode faith in governance.
Restoring Accountability
The proposed amendments, if passed, will mark a turning point in India’s democratic framework. For the first time, a clear timeline and automatic mechanism will exist to ensure that individuals facing serious criminal allegations cannot cling to power indefinitely.
