Recently, Union government introduced three bills to address the gap in the existing legal framework regarding the tenure of elected officials facing serious criminal charges. These bills include:
- Constitution (One Hundred and Thirtieth Amendment) Bill, 2025;
- Government of Union Territories (Amendment) Bill, 2025;
- Jammu and Kashmir Reorganisation (Amendment) Bill, 2025.
Salient Features of the Bills
- Objective: To provide legal framework for ministerial removal to uphold constitutional morality, principles of good governance, and protect constitutional trust posed by people.
- 130th Amendment Bill proposes amendments in the Articles 75 (provisions related to Union Council of Ministers), 164 (provisions related to State Council of Ministers), and 239AA (Special provisions for NCT of Delhi).
- Trigger for Removal: Arrest and detention in custody for a period of 30 consecutive days on allegation of committing an offence under any law, which is punishable with imprisonment for a term which may extend to five years or more.
- Timeframe: The removal or resignation process must be initiated by 31st day after the individual is taken into custody.
- Process for removal: For Union Ministers, recommendation for removal shall be given by PM to the President; For Ministers in States, recommendation be given by CM to the Governor; For Ministers in UTs with Legislative Assembly, recommendation shall be given by CM to the Lieutenent Governor.
- For PM/ CM, no recommendations are required. They can tender their resignation or shall automatically be considered removed on 31st day after detention or custody.
- Automatic Cessation of Office: If the required action (advice for removal or self-resignation) is not taken by the 31st day, the individual shall cease to be a Minister/Prime Minister/Chief Minister, with effect from the day falling thereafter.
- Re-appointment: PM or CM or a Minister can be subsequently appointed as the PM or CM or a Minister, by the President/Governor/Lieutenant Governor, on her/his release from custody.
Existing provisions for Ministerial Removal
|
