‘Weaponised Law' To Unseat PMs, CMs, Ministers? Jail-Held Leaders Must Quit Or Face Disqualification After 30 Days
The draft laws focus on arrests in cases of serious criminal charges. Conviction is not required.
Union Home Minister Amit Shah will move the bills. He will also propose referral to a joint parliamentary committee, PTI reported. Strong opposition is expected.
Recent arrests have set the backdrop. Former Delhi Chief Minister Arvind Kejriwal and incumbent Jharkhand's Hemant Soren both spent weeks in jail on corruption allegations.
The bills carry a clear clause. If a PM, CM or minister is arrested and remains in custody for 30 consecutive days for an offence carrying at least five years' jail, they must resign by the 31st day. Failure to resign will lead to automatic removal.
The Bills On The List
The government business circulated by the parliamentary affairs ministry listed three names: 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.
There is no confirmed provision on restoring statehood for Jammu and Kashmir in this package.
What Happens Next
The constitutional amendment covers the PM, union ministers and ministers in Delhi's NCT government. It requires a special majority, at least two-thirds of the total strength of Parliament. The BJP-led NDA does not currently hold that number.
The UT-related bills need only a simple majority. Even then, resistance is likely. The concern is that the Centre could remove state leaders based only on accusations.
What The Text Says
The UT amendment cites a gap in the 1963 law. It says no mechanism exists to remove a CM or minister arrested on serious criminal charges. Hence the change is required.
The Constitution amendment covers Articles 75, 164 and 239AA. The J&K amendment revises Section 54 of the Reorganisation Act. PTI reported that the reasoning sections of all three bills echo each other.
Political Climate
The timing of the move is charged. The Opposition continues its attacks. Leaders accuse the government of 'vote theft'. They also oppose the Special Intensive Revision of voter rolls in Bihar. Monsoon session debates have been disrupted by protests on these issues.
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