‘Seems reasonable…': Shashi Tharoor differs with Congress on bills to remove PM, CMs who spend 30 days in jail
Union Home Minister Amit Shah introduced the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, along with two supplementary bills in the Lok Sabha. The proposed legislation lays down that holders of high constitutional office must resign—or else automatically lose office—if they remain in custody for a month on charges carrying at least five years of potential imprisonment.
The legislation covers the Prime Minister, Union ministers, Chief Ministers and state ministers, including those in Union Territories. According to the draft, if such an office-bearer is arrested and detained for 30 consecutive days on serious criminal allegations, he or she must resign on the 31st day.
Failing that, removal will be automatic.
The amendment also provides that in case of the Chief Minister, who for any period of thirty consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall tender his resignation by the thirty-first day after such arrest and detention, and if he does not tender his resignation, he shall cease to be the Chief Minister, with effect from the day falling thereafter.
It also provides that nothing in this sub-section shall prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the Lieutenant Governor, on his release from custody, as per sub-section (1).
The Narendra Modi-led government's explanatory note contends that allowing ministers accused of grave crimes to remain in office undermines constitutional morality, weakens public trust, and hampers governance.
By codifying automatic removal, the central government claims it is strengthening accountability and ensuring higher ethical standards in public life.
Shashi Tharoor on Wednesday, 20 August remarked 'anyone who does anything wrong should be liable to punishment and should not be holding a high constitutional office'.
Talking to ANI reporters, MP Shashi Tharoor called the constitutional Bills 'reasonable".
'I think that makes sense...', he added.
Talking to NDTV, Tharoor had also said, "If you spend 30 days in jail, can you continue to be a minister? This is a matter of common sense... I don't see anything wrong in this," He said, 'I think it is good for our democracy to have a discussion within the committee... so let's have that discussion.'
While Shashi Tharoor's comments suggest tacit support, the wider Congress party has attacked the legislation. Party general secretary Priyanka Gandhi Vadra called it 'draconian,' warning that it could be misused by ruling parties to dislodge elected leaders on flimsy or politically motivated cases.
'Tomorrow, you can file any case against a Chief Minister, have him/her arrested for 30 days without conviction… and he ceases to be a Chief Minister? It is absolutely anti-constitutional,' Priyanka Gandhi argued.
The three bills introduced by Amit Shah will now be referred to the relevant parliamentary Joint Committee for scrutiny before being taken up for final passage. Given the BJP's parliamentary strength, the legislation is expected to clear the Lok Sabha, though heated debates are anticipated in both Houses.
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