Bill mandates removal of Ministers detained 30 days for 5+ year offences

This Bill amends the Constitution to require the removal of a Minister or Prime Minister/Chief Minister if they are arrested and detained in custody for 30 consecutive days on charges of an offence punishable by five years or more imprisonment. It aims to ensure that elected representatives facing serious criminal allegations do not continue to hold office while in custody.

Who it concerns: Prime Ministers, Union Ministers, Chief Ministers, State Ministers, and Ministers of the National Capital Territory of Delhi.

What the bill does

• Inserts new clause 5A in Article 75, 4A in Article 164, and 5A in Article 239AA of the Constitution.
• Mandates removal of a Minister if arrested and detained for 30 consecutive days for an offence punishable with 5+ years imprisonment.
• Requires the Prime Minister or Chief Minister to tender advice for removal by the 31st day after custody begins; if not done, the Minister ceases to be a Minister automatically.
• Requires the Prime Minister or Chief Minister to resign by the 31st day if they are the ones arrested and detained for 30 consecutive days for such offences; if not done, they cease to be PM/CM automatically.
• Allows for subsequent re-appointment of the PM/CM or Minister after release from custody.

Also in the document

• This is a Constitutional Amendment Bill.
• The Bill states there is currently no constitutional provision for removing a Minister arrested and detained on serious criminal charges.
• The Bill was introduced in Lok Sabha on 19th August, 2025.