New Delhi: In a move that could significantly reshape political accountability in India, Union Home Minister Amit Shah will introduce three crucial bills in the Lok Sabha during the Parliament Monsoon Session 2025 on Wednesday. The proposed legislation seeks to ensure that any serving minister, chief minister, or even the prime minister would automatically lose office if detained or arrested for 30 consecutive days on charges that carry a potential prison sentence of five years or more.
The three bills on the agenda are The Constitution (130th Amendment) Bill, The Jammu & Kashmir Reorganization (Amendment) Bill, and The Government of Union Territories (Amendment) Bill. Once introduced, they are expected to be referred to a joint parliamentary committee for review.
Key Constitutional Changes
The draft Constitution amendment bill proposes adding a new clause to Article 75. It mandates that if a minister is held in custody for 30 days or longer, the President—on the advice of the Prime Minister—must remove them. If no such advice is given, the minister will automatically cease to hold office after the thirty-first day.
For the prime minister, the rule is even stricter. If in custody for a similar duration, the PM would be required to resign. Failing that, their office would be deemed vacant automatically. Similar provisions would apply to chief ministers and ministers in states and Union Territories.
Importantly, the bills clarify that a leader removed under this framework can be reappointed after their release from custody. (Parliament Monsoon Session 2025)
Government’s Rationale
According to the official statement of objects and reasons, the proposed change seeks to “uphold constitutional morality and good governance.” It emphasizes that individuals holding high office should remain beyond suspicion, and continuing in power while facing serious criminal allegations undermines public trust.
Currently, the Constitution only allows the disqualification of lawmakers upon conviction, not merely arrest. This gap has allowed ministers to retain office even during prolonged periods in custody.
Political Reactions
The proposal has already sparked intense debate. Critics in the Opposition have warned that such provisions could be misused by central agencies to target political rivals. “This is the easiest way to destabilize opposition governments—arrest a sitting CM under dubious charges, keep them in custody for a month, and they lose their post without even being convicted,” Congress MP Abhishek Manu Singhvi said.
The government, however, maintains that the amendment is aimed at strengthening transparency and accountability in public life. “Elected representatives embody the aspirations of the people. Their conduct must be above reproach,” the draft explains.
What if it passed?
The monsoon session of Parliament, which ends on August 21, has already seen repeated protests and Opposition boycotts. The timing of these bills, especially after high-profile arrests of leaders like former Delhi CM Arvind Kejriwal and ex-Jharkhand CM Hemant Soren, has added to the political friction.
If passed, the legislation would mark one of the most far-reaching reforms in the relationship between criminal law and elected office, potentially reshaping the future of governance at both the central and state levels.
