Bill requires removal of Union Territory Minister arrested for 30 days on 5-year offence

It aims to ensure that elected representatives maintain high standards of conduct and do not hinder good governance while facing serious charges.

Who it concerns: Chief Ministers and Ministers of Union Territories in India.

What the bill does

• A Minister arrested and detained for 30 consecutive days for an offence punishable by 5 years or more imprisonment must be removed from office by the President on the advice of the Chief Minister by the 31st day.
• If the Chief Minister does not tender advice for removal by the 31st day, the Minister automatically ceases to be a Minister.
• A Chief Minister arrested and detained for 30 consecutive days for such an offence must tender their resignation by the 31st day.
• If the Chief Minister does not resign by the 31st day, they automatically cease to be the Chief Minister.
• The removal or cessation of office does not prevent the individual from being reappointed as a Minister or Chief Minister after release from custody.

Also in the document

• The Bill is an amendment to the Government of Union Territories Act, 1963.
• The Statement of Objects and Reasons notes that there was previously no provision in the 1963 Act for removing a Chief Minister or Minister arrested for serious criminal charges.