PM, CM & Ministers in Jail for 30 Days to Lose Office: Amit Shah to Introduce Bill Today in Lok Sabha
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 mandates removal of PM, ministers, CMs, or UT ministers jailed for 30+ days in connection with a serious offence carrying a minimum 5-year jail term, with reappointment possible after release;
Union Home Minister Amit Shah is expected to introduce the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 in the Lok Sabha on Wednesday, a move that could reshape accountability for the Prime Minister, Union Ministers, Chief Ministers and their state or Union Territory counterparts.
The Bill seeks to insert a new constitutional mechanism to remove sitting ministers if they are detained in connection with serious offences. Under its provisions, any minister who spends 30 consecutive days in custody for an offence punishable with at least five years in jail will automatically lose their office from the 32nd day onwards.
At the Union level, the President will be required to remove a minister on the Prime Minister’s advice by the 31st day of detention. If no advice is given, the minister’s post will fall vacant automatically the next day. The same mechanism is mirrored for Chief Ministers and state or UT ministers through their respective constitutional authorities.
The law also extends to the Prime Minister. If the Prime Minister is detained under such circumstances, they must resign by the 31st day, or else their office will cease from the 32nd day.
While tough in its immediate effect, the amendment also provides for a return route: a minister or Prime Minister who loses office under this provision can be reappointed once released from custody.
According to the government, the Bill is intended to reinforce constitutional morality, integrity in public office, and public trust in governance. At present, there is no explicit mechanism in the Constitution to remove ministers or the Prime Minister on account of arrest or prolonged detention, leaving such decisions to political judgment.
Alongside this Bill, Shah is expected to introduce the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
The Centre plans to move a motion to refer all three to a Joint Parliamentary Committee (JPC) of 31 members drawn from both Houses of Parliament, mandated to submit its report in the next session.