The Jammu and Kashmir Reorganisation Amendment Bill 2025

The Jammu and Kashmir Reorganisation Amendment Bill 2025

Why in News? 

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 was recently tabled in the Lok Sabha. The Bill aims to amend the 2019 Act that reorganised the state into two union territories. It focuses on provisions related to the removal of the Chief Minister or other Ministers in the union territory government.

Key Provisions of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025

• Removal of Ministers: The main purpose of the Bill is to establish a legal process for removing Ministers who are under custody for grave offences. This framework has been created to ensure that leaders holding public office are accountable and cannot continue in their role while being detained in relation to crimes that attract imprisonment of five years or more. 

• Scope of Amendment: The Bill specifically seeks to amend Section 54 of the 2019 Act. This section earlier covered provisions regarding Ministers in the Union Territory. Now, the amendment lays down clear grounds for when a Chief Minister or Minister will have to step down if they are accused of serious criminal activity and detained for a fixed period.

• Grounds for Removal: The Bill defines two clear conditions under which a Minister must vacate office:

1. The Bill states that if an individual faces charges carrying imprisonment of five years or more, it becomes a ground for removal.
2. The Bill states that if the person is arrested and kept in custody for thirty consecutive days.

• Procedure for Removal: The Bill explains the process that must be followed once these grounds are met. According to the provision, the Lieutenant Governor will remove a Minister once the Chief Minister gives advice. This advice has to be given on or before the thirty-first day of the Minister’s custody. If the Chief Minister does not act, the Minister automatically ceases to hold office from the thirty-first day onward.

• • If the Chief Minister is the one in custody, the law sets out a separate process. The Chief Minister is required to resign by the thirty-first consecutive day of detention. Failure to resign within this time will cause the Chief Minister to automatically lose office from the next day.
• No Permanent Disqualification: The Bill also clarifies that the removal is not permanent. A Minister removed under this rule has the option to be reappointed after release from custody. This prevents a situation where a person is permanently barred, especially if the accusations do not result in a conviction.

Note: The introduction of this Bill was accompanied by the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025. This amendment seeks to extend similar rules to the central government, state governments, the Union Territory of Delhi, and Puducherry. 

Key Reasons Behind the 2025 Amendment Bill

• Criminalisation of Politics: The issue of criminal cases against legislators has been a major concern in India. A 2024 report by the Association for Democratic Reforms (ADR) showed that more than 46% of sitting MPs and MLAs had declared criminal cases in their affidavits. Out of these, 29% faced serious charges such as crimes related to violence or corruption. 

• Stability in Administration: When a Chief Minister or Minister is in custody, the administration often faces uncertainty. In several states, governance has slowed down due to prolonged absences of Ministers facing legal proceedings. For example, during the 2014 Tamil Nadu case of J. Jayalalithaa, the state went through leadership confusion when she had to resign after conviction. 

• Integrity of Governance: When Ministers remain in office while being in custody, it weakens public trust. In 2013, the Supreme Court of India ruled that convicted lawmakers would face immediate disqualification. However, that rule applied only after conviction, not during custody. This Bill fills that gap by ensuring that governance is not led by leaders who are unable to perform duties.

• Public Confidence in Democracy: Data from the Election Commission of India (2024) shows that more than 5,000 candidates in recent elections declared criminal cases in their affidavits. Over the years, several committees, including the Vohra Committee (1993), have warned about the link between crime and politics. Citizens often question why leaders facing trials continue to hold office.  

Significance of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025

• Ethical Leadership: The Bill promotes ethical leadership by ensuring that individuals facing serious charges cannot continue in office while being in custody. In a democracy, leaders must be free from the shadow of grave allegations to command public respect. This measure sends a strong signal that holding office is linked with moral responsibility.

• Administrative Stability: Governance suffers when Ministers remain absent for long periods due to detention. The Bill provides clarity on timelines for removal and resignation, which prevents policy paralysis. Stable administration is vital, especially in sensitive regions or during times of national importance.

• Global Democratic Practices: Many democracies have rules that prevent leaders from holding office while under detention. For example, in the United Kingdom, Members of Parliament lose their seat if sentenced to prison for over a year. By bringing in this law, India aligns closer with international standards where public office requires accountability and transparency.

• Transparency: The Bill introduces a transparent legal framework for the removal of Ministers in custody. Earlier, decisions on such matters often depended on political choices. The law now provides clear timelines and conditions, which restrict discretionary power. The process of removal is written into law, which means every action will have an official record.