Amit Shah Introduces Bills for Removal of PM, CMs, Ministers on Serious Criminal Charges
On August 20, 2025, Union Home Minister Amit Shah introduced three significant bills in the Lok Sabha aimed at establishing a legal framework for the removal of the Prime Minister, Chief Ministers, and Ministers detained for 30 consecutive days on serious criminal charges. These bills, introduced during the final days of the Monsoon Session, have sparked intense debate, with the opposition alleging political motives to destabilize non-BJP governments. This forensic journalism investigation examines the bills’ provisions, political reactions, and potential implications for India’s democratic framework.
Details of the Proposed Bills
The three bills introduced by Shah are the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025. They propose amendments to Articles 75, 164, and 239AA of the Constitution, Section 45 of the Government of Union Territories Act, 1963, and Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, respectively. The core provision mandates that any Prime Minister, Chief Minister, or Minister arrested and detained for 30 consecutive days on charges punishable by five or more years of imprisonment must resign by the 31st day or face automatic removal [1] [2].
The bills allow for reappointment of removed officials upon release from custody, emphasizing that the measure targets prolonged detention rather than permanent disqualification. Shah’s rationale, as stated in the bills’ objectives, is to uphold “constitutional morality” and public trust, arguing that detained officials undermine governance principles [3].
“A minister facing allegations of serious criminal offences, arrested and detained in custody, may undermine constitutional morality and principles of good governance, and ultimately diminish the constitutional trust reposed by the people in him,” reads the Statement of Objects and Reasons for the Constitution (130th Amendment) Bill [4].
Political Context and Opposition Response
The timing of the bills, introduced two days before the Monsoon Session’s conclusion, has fueled speculation about their intent. The opposition, led by the INDIA bloc, claims the legislation enables the ruling BJP to target opposition-led state governments through “arbitrary arrests” by central agencies like the Enforcement Directorate or CBI. Congress MP Abhishek Manu Singhvi criticized the bills as a tool to destabilize opposition Chief Ministers, citing a pattern of disproportionate arrests of opposition leaders [5].
Trinamool Congress MP Derek O’Brien labeled the move a “stunt” by the Modi government, while Congress leader Gaurav Gogoi called it a “desperate attempt” to divert attention from Rahul Gandhi’s Voter Adhikar Yatra in Bihar [6]. The bills’ introduction coincided with opposition protests over electoral roll revisions in Bihar, adding to parliamentary tensions [7].
Insight: The opposition’s claims of political targeting require scrutiny of arrest patterns by central agencies. Historical cases, such as the prolonged detention of Delhi’s former Chief Minister Arvind Kejriwal and Tamil Nadu’s Senthil Balaji without resignation, highlight the bills’ relevance but also raise questions about selective enforcement.
Key Provisions and Mechanisms
The bills outline specific removal processes:
- Prime Minister and Union Ministers: Removal by the President if detained for 30 days, with automatic cessation on the 31st day if no resignation is tendered [8].
- State Ministers: Removal by the Governor on the Chief Minister’s advice, or automatically after 30 days [9].
- Union Territory Ministers: Removal by the Lieutenant Governor, as specified for Jammu and Kashmir and other UTs [10].
Shah has proposed referring the bills to a Joint Parliamentary Committee (JPC) for further scrutiny, indicating a willingness for broader consultation amidst anticipated opposition resistance [1].
| Bill | Scope | Legal Amendment |
|---|---|---|
| Constitution (130th Amendment) Bill, 2025 | PM, Union Ministers, State CMs, Ministers | Amends Articles 75, 164, 239AA |
| Government of Union Territories (Amendment) Bill, 2025 | UT CMs, Ministers | Amends Section 45 of the 1963 Act |
| Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 | J&K CM, Ministers | Amends Section 54 of the 2019 Act |
Implications
The bills represent a significant shift from the current constitutional framework, which only allows removal of public representatives upon conviction under the Representation of the People Act, 1951. By targeting pre-trial detention, the legislation aims to address governance gaps but risks misuse if arrests are politically motivated [11].
- Legal Robustness: The bills’ reliance on a 30-day detention threshold requires clear safeguards to prevent abuse, such as judicial oversight of arrests [12].
- Political Impact: Historical data on arrests of opposition leaders versus ruling party members could validate or refute claims of bias. A statistical analysis of central agency actions is needed.
- Public Trust: Transparent JPC deliberations are critical to ensure the bills are perceived as governance reforms rather than political tools.
The introduction of these bills, particularly in the context of Jammu and Kashmir, has also sparked speculation about statehood restoration, though no official confirmation exists [13].
Conclusion and Recommendations
While the bills aim to enhance accountability, their potential for misuse has ignited a polarized debate. The opposition’s concerns about central agency bias highlight the need for robust checks and balances. To maintain democratic integrity, the following steps are recommended:
- Establish an independent oversight mechanism for arrests of elected officials.
- Ensure JPC deliberations are transparent and inclusive of opposition voices.
- Conduct a public consultation to gauge citizen perspectives on the proposed laws.
References
[1] The Hindu, “Amit Shah to move three bills for removal of PM, CMs, Ministers held on serious criminal charges,” The Hindu, Aug. 20, 2025. [Online]. Available: https://www.thehindu.com/news/national/amit-shah-to-move-3-bills-for-removal-of-pm-cms-ministers-held-on-serious-criminal-charges/article69953333.ece.
[2] News18, “Centre To Introduce Bills In Parliament Today For Removal Of 'Tainted' PM, CMs, Ministers,” News18, Aug. 19, 2025. [Online]. Available: https://www.news18.com/india/amit-shah-to-introduce-3-jk-linked-bills-in-parliament-on-wednesday-to-tackle-tainted-ministers-9515526.html.
[3] Times of India, “PM, CMs, ministers to go if held for 30 days on serious charges, Amit Shah to move 3 Bills,” Times of India, Aug. 20, 2025. [Online]. Available: https://timesofindia.indiatimes.com/india/pm-cms-mins-to-go-if-held-for-30-days-on-serious-charges-bills/articleshow/123396626.cms.
[4] NDTV, “Centre To Move Bills For Removal Of PM, Chief Ministers Arrested On Serious Charges,” NDTV, Aug. 19, 2025. [Online]. Available: https://www.ndtv.com/india-news/centre-to-move-bills-for-removal-of-pm-chief-ministers-arrested-on-serious-charges-9118875.
[5] Mint, “Amit Shah to move bills for removal of PM, CMs, Ministers arrested for 30 days today; ‘destabilisng Oppn,’ says Congress,” Mint, Aug. 20, 2025. [Online]. Available: https://www.livemint.com/news/amit-shah-to-move-bills-for-removal-of-pm-cms-ministers-arrested-for-30-days-today-destabilisng-oppn-says-congress-11755650719019.html.
[6] The News Mill, “Desperate attempt to divert attention of public: Gaurav Gogoi on Amit Shah introducing 3 bills in Lok Sabha,” The News Mill, Aug. 20, 2025. [Online]. Available: https://thenewsmill.com/2025/08/desperate-attempt-to-divert-attention-of-public-gaurav-gogoi-on-amit-shah-introducing-3-bills-in-lok-sabha/.
[7] Moneycontrol, “Parliament Session 2025 Live: Amit Shah to move three bills for removal of PM, CMs, ministers held on serious criminal charges,” Moneycontrol, Aug. 20, 2025. [Online]. Available: https://www.moneycontrol.com/news/india/parliament-session-2025-live-amit-shah-to-move-three-bills-for-removal-of-pm-cms-ministers-held-on-serious-criminal-charges-liveblog-13469409.html.
[8] Hindustan Times, “Govt to bring 3 key bills to oust PM, CMs, ministers arrested for over 30 days,” Hindustan Times, Aug. 20, 2025. [Online]. Available: https://www.hindustantimes.com/india-news/government-to-bring-bills-to-oust-ministers-held-for-over-30-days-101755631702176.html.
[9] Business Today, “PM, CMs, ministers to lose office if jailed 30 days: Home minister Amit Shah to table key bills,” Business Today, Aug. 20, 2025. [Online]. Available: https://www.businesstoday.in/india/story/pm-cms-ministers-to-lose-office-if-jailed-30-days-home-minister-amit-shah-to-table-key-bills-490149-2025-08-20.
[10] India TV, “Bill seeking removal of PM, chief ministers arrested for 30 days to be tabled in Parliament today,” India TV, Aug. 20, 2025. [Online]. Available: https://www.indiatvnews.com/news/india/bill-seeking-removal-of-pm-chief-ministers-arrested-for-30-days-to-be-tabled-in-parliament-today-2025-08-20-1004300.
[11] India Today, “PM, chief ministers removed on 31st day of arrest: New bills set to rock Parliament,” India Today, Aug. 20, 2025. [Online]. Available: https://www.indiatoday.in/india/story/will-break-table-tear-bill-chaos-likely-in-parliament-over-motion-to-remove-arrested-pm-chief-ministers-2773915-2025-08-20.
[12] Swarajya, “PM, CMs, Ministers In Custody for 30 Days To Face Automatic Removal: Shah To Table Bills In Parliament Today,” Swarajya, Aug. 20, 2025. [Online]. Available: https://swarajyamag.com/politics/pm-cms-ministers-in-custody-for-30-days-to-face-automatic-removal-shah-to-table-bills-in-parliament-today.
[13] Times Now, “Jammu and Kashmir Reorganisation Amendment Bill 2025, 4 More Key Bills Likely In Parliament Today,” Times Now, Aug. 20, 2025. [Online]. Available: https://www.timesnownews.com/india/jammu-and-kashmir-reorganisation-amendment-bill-2025-4-key-bills-in-parliament-today-amit-shah-lok-sabha-monsoon-session-latest-news-article-152491429.
