Ministers to Lose Office if Arrested for Serious Crimes Beyond Borders By Jwala

The Union Government on Tuesday introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 in the Lok Sabha, seeking to bring sweeping changes to the rules governing the tenure of Union and State Ministers, including the Prime Minister and Chief Ministers, when facing serious criminal charges.

The Bill, tabled by Home Minister Amit Shah, proposes amendments to Articles 75, 164, and 239AA of the Constitution, introducing a new legal framework under which Ministers will be automatically removed from office if they are arrested and detained for 30 consecutive days on allegations of committing offences punishable with imprisonment of five years or more.

Key Provisions of the Bill

- Union Ministers & Prime Minister (Article 75)

  • A Union Minister arrested for 30 consecutive days on serious charges will be removed by the President on the advice of the Prime Minister.
  • If the Prime Minister himself is arrested under such conditions, he must resign within 31 days. If he fails to do so, he will automatically cease to hold office.

- State Ministers & Chief Ministers (Article 164)

  • Similar provisions will apply to State governments.
  • Any Minister arrested for 30 consecutive days will be removed by the Governor on the advice of the Chief Minister.
  • If the Chief Minister is arrested, he/she must resign by the 31st day, failing which the office will automatically fall vacant.

- Delhi Government (Article 239AA)

  • In the case of the National Capital Territory of Delhi, the President will remove a Minister on the advice of the Chief Minister.
  • If the Chief Minister of Delhi is arrested for 30 days, he/she will be required to resign, failing which the office will be vacated automatically.

- Scope for Reappointment

  • The Bill clarifies that once released from custody, the Prime Minister, Chief Minister, or Minister may be reappointed by the President or Governor, as applicable.

Rationale Behind the Bill

The Statement of Objects and Reasons emphasizes the need to uphold constitutional morality, good governance, and public trust in elected representatives. It highlights that:

  • Ministers represent the hopes and aspirations of citizens, and their character must remain beyond suspicion.
  • At present, the Constitution has no explicit provision for the removal of Ministers arrested on serious criminal charges.
  • Allowing individuals facing grave allegations to continue in office may undermine public confidence and hinder constitutional governance.

Political Significance

The Bill is being seen as a landmark step in electoral and governance reforms, potentially reshaping the political landscape by preventing leaders under serious criminal investigation from holding executive office.

However, political observers also note that its implementation may spark controversy and debate across party lines. Opposition parties are expected to scrutinize whether the amendment could be misused politically, especially in cases involving arrests driven by partisan interests.

Next Steps in the JPC

The JPC, which will consist of members from both Lok Sabha and Rajya Sabha, will:

  • Examine the Bill clause by clause.
  • Seek expert and legal opinion on its constitutional validity.
  • Suggest amendments, if necessary, before the Bill is brought back for consideration in Parliament.

The committee has been given three months to submit its report.

What’s at Stake?

If passed, the 130th Amendment would:

  • Mandate resignation of the Prime Minister or Chief Minister within 31 days of continuous arrest on grave charges.
  • Allow automatic removal of Union or State Ministers under similar conditions.
  • Permit reappointment after release, if cleared by due process.

The move is being closely watched as it touches upon the delicate balance between due process of law and political accountability.