Bill for Removal of PM, CMs & Union Ministers

Bill for Removal of PM, CMs & Union Ministers

Why in News? 

Recently, the Central Government introduced a new bill in Lok Sabha on the removal of Prime Minister, Chief Ministers and Union Ministers. These bills focus on cases where leaders face detention for over thirty days on serious charges. 

Constitutional Amendment and Key Provisions of the Bills

• Amendment: Union Home Minister tabled the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 in Lok Sabha on August 20, 2025. 
  • The Constitution (130th Amendment) Bill, 2025 seeks to amend Articles 75, 164, and 239AA to bring clarity on removal of leaders during detention. These articles deal with the tenure and functioning of ministers at the Union, State, and National Capital Territory levels. 
• Provisions: The bill sets a clear threshold to avoid misuse and to target only serious crimes. The main grounds are:

• A leader will face removal if he or she is held in custody for a continuous period of 30 days on serious charges.
• The offence must carry a punishment of five years or more under existing laws.
• From the 31st day of detention, the removal will come into force without the need for separate approval.
• This rule is designed to cover the Prime Minister, Union Ministers, Chief Ministers of States, and Ministers of Union Territories.

• Authority: The bill defines which authority will remove whom. This ensures that removal is not left to arbitrary interpretation:

• The President will remove the Prime Minister in such cases.
• In case of states, the Governor will have the authority to remove the Chief Minister if such a situation arises.
• The Chief Minister of a State will be responsible for removing his or her council ministers when required.
• The Lieutenant Governor will remove the Chief Minister of a Union Territory.
• For Union Territories, the Chief Minister will exercise this power to remove ministers in the territory’s cabinet.

• Reappointment: The bill also clarifies that removal does not mean permanent disqualification. Once the concerned person is released from custody, they can be reappointed to their position if their party or coalition supports them. 

• Special Focus: Separate provisions are made for Jammu and Kashmir through the J&K Reorganisation (Amendment) Bill, 2025. Similarly, the Government of Union Territories (Amendment) Bill, 2025 provides a structured system for Puducherry and Delhi. 

Also Read: Lifetime Ban on Convicted Leaders

Why is the Bill Needed?

• Lack of Mechanism: For decades, India’s constitutional framework has not contained a direct rule to remove a Prime Minister, Chief Minister, or Minister when they are in custody for a long period due to grave charges. Articles 75 and 164 only speak about the appointment and tenure of ministers, but they do not explain what happens if a leader is held in jail. This gap has created ambiguity and left the decision to political negotiations. 

• Constitutional Morality: If a Prime Minister or Chief Minister continues in office despite being arrested for crimes that may attract five years or more of punishment, the moral authority of the government is weakened. The bill emphasises that constitutional morality demands that those in power not only follow the law but also appear above suspicion in public life. 

• Accountability: Governance depends on continuity. When a key leader is detained for a month or more, decision-making slows down and important policies may remain pending. By making removal automatic after 30 days of custody, the bill ensures that the government functions smoothly. The system draws a line between legal proceedings and administrative responsibility.

Past Incidents of Arrest

• In 2023, Delhi’s then Chief Minister Arvind Kejriwal was arrested by the Enforcement Directorate and the Central Bureau of Investigation in connection with the excise policy case. He spent more than five months in jail while continuing to hold the post. This created a debate on whether a leader facing serious charges should remain in office. The Supreme Court later granted him interim bail in 2024 with strict conditions. The court also directed that he must not enter the Chief Minister’s Office or the Delhi Secretariat during this period. Kejriwal finally resigned after receiving bail, which showed the absence of a clear constitutional rule for such situations.
• Another example came from Tamil Nadu involving V. Senthil Balaji, who served as a minister in the state cabinet. He was arrested in June 2023 by the Enforcement Directorate on charges of money laundering. Even after his arrest, he continued to remain part of the cabinet without any portfolio, which created political controversy. In February 2024, he tendered his resignation under pressure, but later, when the Supreme Court granted him bail in September 2024, he was reappointed as a minister. However, in April 2025, the Supreme Court ordered that he must either step down from his position or go back to jail. Following this, he resigned again.

Also Read: ADR Report on Registered Unrecognised Political Parties in India

Articles Related to Prime Minister, Chief Ministers and Union Ministers

• Article 74: The Prime Minister of India holds a central position in the executive branch. Article 74(1) of the Constitution assigns the Prime Minister the duty to advise the President in carrying out executive functions. This article gives the Prime Minister authority as the leader of the Council of Ministers. Article 74(2) also protects the advice given by the Council of Ministers from being questioned in court.

• Article 75: Article 75 provides the legal basis for the appointment of the Prime Minister and other Union Ministers. The President appoints the Prime Minister, and on his advice, other ministers are appointed. This article also mentions that the Council of Ministers is collectively responsible to the Lok Sabha.  

• Article 163: At the state level, Article 163(1) provides for a Council of Ministers headed by the Chief Minister to assist the Governor. Similar to the role of the Prime Minister at the Union level, the Chief Minister acts as the main advisor to the Governor. The Governor is expected to follow this advice except in matters where the Constitution gives him discretionary powers.

• Article 164: Article 164 outlines the appointment and responsibilities of state ministers. The Governor selects the Chief Minister, and the Chief Minister recommends the appointment of other ministers. The entire Council of Ministers is collectively accountable to the Legislative Assembly, ensuring democratic control at the state level. It also introduced special provisions in later years. 

• The 91st Constitutional Amendment, 2003 placed a cap on the size of the Council of Ministers, restricting it to 15% of the total strength of the assembly, with a minimum of 12 ministers. 

• Article 239AA: The National Capital Territory of Delhi enjoys a unique status under Article 239AA, which was inserted by the 69th Constitutional Amendment in 1991. It provides for a Legislative Assembly for Delhi and a Council of Ministers with the Chief Minister at the head. It reflects the balance between Union authority and the democratic aspirations of people in Union Territories. Similar provisions extend to Puducherry under Article 239A.