New Legislative Bill Aims at Unseating Detained Leaders Under Criminal Allegations

Union Home Minister Amit Shah introduced three pivotal bills in Lok Sabha, aiming at amending the Constitution to remove the Prime Minister or Chief Ministers if held in custody for 30 days over corruption or serious charges. Key amendments target the Jammu and Kashmir Reorganisation Act, clarifying procedures for detained leaders.

In a significant political move, Union Home Minister Amit Shah introduced a set of three legislative bills in the Lok Sabha on Wednesday. Included among them is the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which primarily seeks to unseat any Prime Minister or Chief Ministers embroiled in corruption or serious criminal allegations if they are detained for a span of 30 consecutive days.

The legislative rollout includes meticulous amendments to the Jammu and Kashmir Reorganisation Act, 2019. The Jammu and Kashmir Reorganisation (Amendment) Bill 2025 focuses on section 54, ensuring a framework for the removal of a Chief Minister or Minister detained following serious criminal allegations. The proposed amendment stresses preserving the integrity of constitutional morality and good governance which could be undermined by such detentions.

The amendment introduces Section (5A), compelling the removal of a Minister detained under allegations of offences warranting over five years in prison by the Lieutenant Governor, should the Chief Minister not advise otherwise within 31 days. Similarly, detained Chief Ministers are mandated to resign, or face automatic removal, yet provision is made for their possible reinstatement post-release.