The Indian government is preparing to introduce a significant Constitution amendment bill that could lead to the removal of convicted ministers and chief ministers from their positions. This move aims to establish a legal framework for removing high-ranking officials, including the Prime Minister, Union ministers, chief ministers, and state ministers, who are arrested and detained for serious criminal offenses.
The proposed Constitution (One Hundred and Thirtieth) Amendment Bill seeks to add a clause to Article 75 of the Constitution, along with similar laws governing Union Territories and Jammu and Kashmir. According to sources, the bill was initiated by the Union Home Ministry and has received clearance from the Union Cabinet.
Under the proposed legislation, if a minister at the state or central level, including a chief minister or the Prime Minister, is arrested and held in custody for 30 days in connection with a case that carries a potential prison sentence of five years or more, they would be required to provide a reason for remaining in office before the 31st day of their arrest. Failure to do so would result in their removal from office. The legal framework would apply uniformly to ministers in states and Union Territories, at the Centre, as well as to chief ministers and the Prime Minister.
The bill is expected to be introduced on Wednesday, August 20, 2025, during the monsoon session. Following its introduction, it is anticipated to spark debate and may be referred to a joint parliamentary committee comprising members from both houses of Parliament.
This proposed legislation has the potential to significantly impact Indian politics and political leaders. The amendment bill, if passed, will grant the Union government additional powers to remove a chief minister or any member of their cabinet. The new rule stipulates that an elected chief minister can be removed if they are detained or arrested for 30 or more consecutive days, regardless of whether they have been convicted.
Currently, the Representation of the People Act, 1951 (RPA) is the primary legislation governing the disqualification of convicted legislators in India. Section 8 of the RPA states that individuals convicted of certain offenses will immediately lose their right to serve in state legislatures or as Members of Parliament. These offenses include corruption, terrorism, and crimes involving moral turpitude. The Supreme Court of India has also played a significant role in interpreting these clauses, with landmark rulings like Lily Thomas v. Union of India reaffirming that disqualification occurs immediately upon conviction, even if appeals are pending.
The move to introduce this bill follows ongoing discussions and concerns about the criminalization of politics in India. Over the years, there have been debates and legal challenges regarding the disqualification of convicted politicians, including calls for a lifetime ban on contesting elections. While the government has defended limiting disqualification to six years, arguing that a lifetime ban would be unduly harsh, the introduction of this new bill signals a renewed effort to address the issue of politicians holding office while facing serious criminal charges.
