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Centre to bring bills on removal of PM, chief ministers arrested on serious charges

Centre to bring bills on removal of PM, chief ministers arrested on serious charges

India Today13 hours ago
The Union Government is set to introduce a bill on Wednesday in the Lok Sabha aimed at providing a legal framework for the removal of the Prime Minister, Chief Ministers of states or Ministers of Union Territories, including Jammu and Kashmir, if they are arrested or detained on serious criminal charges, senior officials confirmed.The proposed legislation seeks to amend Articles 75, 164, and 239AA of the Constitution, as well as Section 54 of the Jammu and Kashmir Reorganisation Act, 2019. Under the proposed provisions, any Minister, including the Prime Minister, Chief Minister, or any Minister of State, who is arrested and detained for a continuous period of 30 days in connection with an offence punishable with imprisonment of five years or more, will be liable to be removed from office.advertisementThe proposed amendment seeks to insert a new clause - (4A) - in Section 54 of the Jammu and Kashmir Reorganisation Act, 2019. The clause specifies that a Minister arrested and held in custody for 30 consecutive days during their term shall be removed by the Lieutenant Governor on the advice of the Chief Minister by the 31st day. If such advice is not tendered by the Chief Minister, the Minister shall automatically cease to hold office from the next day.
In the case of a Union Territory, such as Jammu and Kashmir, the bill provides that a Minister or Chief Minister detained for 30 consecutive days shall be removed by the Lieutenant Governor on the advice of the Chief Minister. If the advice is not tendered by the 31st day, the Minister or Chief Minister shall automatically cease to hold office from the following day.A similar mechanism is proposed for the Union Government and State Governments, where the detained Minister or Prime Minister would be removed on the 31st day of continuous custody.The Statement of Objects and Reasons of the Bill highlights the urgency of safeguarding constitutional morality and ensuring public trust in elected representatives. It states that while elected leaders embody the hopes and aspirations of the people, there is currently no provision under the Constitution to remove a sitting Prime Minister or Minister who is arrested and detained on serious criminal charges.'It is expected that the character and conduct of Ministers holding office should be beyond any ray of suspicion,' the statement read. 'A Minister, who is facing allegations of serious criminal offences, 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.'- Ends
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