Monsoon Session: Govt to introduce Constitution Amendment Bill to remove CM, Ministers held on serious charges

NEW DELHI: Union Home Minister Amit Shah will introduce three bills in Lok Sabha on Wednesday – including the Constitution (130th Amendment) Bill, 2025, which seeks to remove a Central or State Minister who is facing allegations of corruption or serious offences and has been detained for at least 30 days.

According to the List of Business in the Lok Sabha, Shah will introduce the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, to further amend the Constitution of India and the Government of Union Territories (Amendment) Bill, 2025, apart from the bill to amend the Jammu and Kashmir Reorganisation Act, 2019.

The Union Home Minister will further move to refer these Bills to a Joint Committee of the Houses consisting of 21 Members of the Lok Sabha to be nominated by the Speaker and 10 Members of the Rajya Sabha to be nominated by the Deputy Chairman.

The Jammu and Kashmir Reorganisation (Amendment) Bill 2025 seeks to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to provide a legal framework for the removal of the Chief Minister or a Minister in case of arrest or detention in custody on account of serious criminal charges.

It stated that a Minister facing allegations of serious criminal offences, who is arrested and detained in custody, may undermine the principles of constitutional morality and good governance, ultimately eroding the constitutional trust people have in him.

However, there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for removal of the Chief Minister or a Minister who is arrested and detained in custody on account of serious criminal charges.

“In view of the above, there is a need to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, for providing legal framework for removal of the Chief Minister or a Minister in such cases,” the statement said.

Section (5A) is sought to be inserted in the bill. As per section (5A) a 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 be removed from his office, by the Lieutenant Governor on the advice of the Chief Minister to be tendered by the thirty-first day, after being taken in such custody.

The bill provides that if the advice of the Chief Minister for the removal of such Minister is not tendered to the Lieutenant Governor by the thirty-first day, he shall cease to be a Minister, with effect from the day falling thereafter.

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).”.

As per the List of Business, Union Minister of Electronics and Information Technology Minister Ashwini Vaishnaw will introduce the Promotion and Regulation of Online Gaming Bill, 2025.

It seeks to prohibit the offering, operation, facilitation, advertisement, promotion and participation in online money games through any computer resource, mobile device or the internet, particularly where such activities operate across State borders or from foreign jurisdiction.

The bill seeks to protect individuals, especially youth and vulnerable populations, from the adverse social, economic, psychological and privacy-related impacts of such games.

It seeks to ensure responsible use of digital technologies and to maintain public order and protect public health.

The bill seeks to safeguard the integrity of financial systems and the security and sovereignty of the State and establish a uniform, national-level legal framework in the public interest. (ANI)