Centre to bring J&K Bill in Lok Sabha seeking removal of CM, ministers if jailed for 30 days
The bill will only be introduced and is scheduled to be referred to a joint committee of Parliament for detailed scrutiny.
The amendment to the Jammu and Kashmir Reorganisation Act, 2019 was deemed necessary as there is currently no legal framework for the removal of the chief minister or a minister in such cases, a source said.
Quoting the draft bill, the sources said: 'In view of the above, there is a need to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, for providing legal framework for removal of the Chief Minister or a Minister in such cases.' According to them, the bill's objective is to ensure accountability of ministers in office.
It said that a Minister facing allegations of serious criminal offences, who is arrested and detained in custody, 'may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.'
As per its provisions, the sources said, a minister who is arrested and detained for 30 consecutive days on allegations of committing an offence punishable with imprisonment of five years or more 'shall be removed from his office' by the Lieutenant Governor on the advice of the Chief Minister, to be tendered by the 31st day after being taken into custody.
'Provided that if the advice of the Chief Minister, for the removal of such a Minister is not tendered to the Lieutenant Governor by the thirty-first day, he shall cease to be a Minister, with effect from the day falling thereafter.'
The bill also states that nothing in this subsection shall prevent such Chief Minister or Minister from being subsequently appointed to office by the Lieutenant Governor on release from custody, 'as per sub-section (1).'
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