Bill inserts 5A in Article 75, 4A in 164, 5A in 239AA for minister removal on 30-day custody
This Bill amends the Constitution to require the removal of a Prime Minister, Chief Minister, or any Minister if they are arrested and detained in custody for 30 consecutive days on allegations of serious criminal offences. It aims to ensure that ministers facing such charges do not continue to hold office, thereby upholding constitutional morality and public trust.
Prime Ministers, Chief Ministers, and Ministers in the Union Council of Ministers, State Councils of Ministers, and the Council of Ministers of the National Capital Territory of Delhi.
- 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 on allegations of an offence punishable with imprisonment of 5 years or more.
- 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 themselves to resign by the 31st day if they are the ones arrested and detained under these conditions; if they do not, they cease to hold office.
- Allows for the re-appointment of a removed Prime Minister, Chief Minister, or Minister after their release from custody.
Written from the document by AI, and checked against it. The original below is authoritative.
Where this law is now — Introduced
The original document
Document details
| Official title | THE CONSTITUTION (ONE HUNDRED AND THIRTIETH AMENDMENT) BILL, 2025 |
| Source body | Parliament of India — Bills (Lok Sabha & Rajya Sabha) |
| Reference number | 111 |
| Status | active (bill) |
| Year | 2025 |
| Closing date | — |
| Documents | 1 |