The Prime Minister-Chief Minister or any minister will have to step down for arrest or for 30 days. The condition is that the crime for which custody or arrest has been made, there should be a provision of punishment of 5 years or more.
Home Minister Amit Shah on Wednesday introduced three bills related to it in the Lok Sabha. There was a lot of uproar in the Lok Sabha against the three Bills. The opposition demanded the withdrawal of the three bills.
The opposition threw paper shells over the Home Minister. Congress, AIMIM chief Asaduddin Owaisi and SP described bills as anti -justice, anti -constitution. On this, Shah said to send the bills to the Joint Parliamentary Committee (JPC).
These three bills have been brought separately because there are different provisions for the central government, state government and leaders of union states.
First Bill: The 130th Constitution Amendment Bill is 2025, which will apply to the Central and State Governments.
Second Bill: The Government of Union Territories (Amendment) Bill is 2025, which is for Union States.
Third Bill: Jammu and Kashmir Reorganization (Amendment) Bill is 2025, which will be implemented to Jammu and Kashmir.
Delhi CM Kejriwal did not resign from his post after 6 months and Tamil Nadu minister V Senthil Balaji after detention and jail for 241 days. Kejriwal was the first CM to be arrested while holding the post.
- Government of Union Territories (Amendment) Bill 2025
According to the central government, there is no provision for removing the Chief Minister or minister arrested and detained due to serious criminal allegations under the Government of Union Territories Act, 1963 (20 of 1963) in union territories.
Therefore, in such cases, to prepare a legal structure to remove the Chief Minister or Minister, there is a need to amend Section 45 of the Government of Union Territories Act, 1963.
- 130th Constitution Amendment Bill 2025
The Center said about this bill that there is no provision in the constitution to remove a minister who has been arrested and detained due to serious criminal allegations.
Therefore, in such cases, a amendment of Articles 75, 164 and 239A of the Constitution needs to be amended to prepare a legal framework to remove a ministers of the Prime Minister or Union Council of Ministers or the Chief Minister of National Capital Territory Delhi or any minister of the Council of Ministers.
- Jammu and Kashmir Reorganization (Amendment) Bill 2025
There is no provision to remove the Chief Minister or Minister arrested for arrested and detained due to serious criminal allegations under the Jammu and Kashmir Reorganization Act, 2019 (34 of 2019). After amendment to Section 54 of the Jammu and Kashmir Reorganization Act, 2019, there will be a provision to remove the Chief Minister or Minister arrested in a serious criminal case in 30 days.
