New Delhi – Union Home Minister Amit Shah is set to introduce three significant bills in Parliament on Wednesday, with a focus on curbing corruption and addressing the continuation of ministers in office while under arrest.
Among them, the 130th Constitutional Amendment Bill seeks to insert Section 5A into Article 239AA, laying down provisions for the removal of prime ministers, chief ministers, and other ministers if they are arrested or detained on serious criminal charges. Sources say the measure is designed to prevent a repeat of situations like that in Delhi, where Arvind Kejriwal remained in office for nearly six months while in custody in the alleged liquor policy case.
According to the proposed amendment, if a Chief Minister is arrested and detained for 30 consecutive days on charges punishable by five years or more of imprisonment, he or she must resign by the 31st day. Failure to do so would result in automatic removal from office. A parallel amendment to Article 75 introduces the same provision for an incumbent Prime Minister.
The bills also provide for reinstatement. Once released from custody, a former Prime Minister, Chief Minister, or minister may be reappointed. This clause mirrors past controversies such as Tamil Nadu minister Senthil Balaji’s continuation in office despite being arrested.
In addition, Shah will present the Union Territory Administration Amendment Bill, 2025 and the Jammu and Kashmir Reorganisation Bill, 2025. The latter proposes an amendment to Section 54 of the 2019 Act, requiring the removal of any J&K minister detained for 30 consecutive days on serious criminal charges. A similar clause is to be added to the Union Territory Act.
The statement of objects and reasons for the J&K Bill underscores the principle that elected representatives “embody the hopes and aspirations of the people of India” and must uphold public trust. It warns that ministers facing grave criminal charges could “undermine constitutional morality and principles of good governance.”
While the government is expected to refer the constitutional amendment to a joint parliamentary committee for wider consultation, opposition leaders have sharply criticised the move. Congress Rajya Sabha MP and senior advocate Abhishek Manu Singhvi denounced it on X, calling the proposal a “vicious circle” designed to target opposition leaders through “arbitrary arrests,” while leaving ruling party incumbents untouched.
The introduction of these bills has also reignited speculation about the possible restoration of statehood for Jammu and Kashmir.
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