India Proposes Groundbreaking Legislation for Automatic Removal of PM, CMs Facing Serious Charges

In a move set to redefine India’s political and ethical landscape, the central government is poised to introduce three stringent bills that mandate the automatic removal of the Prime Minister, Chief Ministers, and other ministers if arrested on serious criminal charges. The proposed legislation, a direct response to recent high-profile cases of sitting chief ministers being jailed, shifts the legal benchmark from conviction to the mere framing of charges, marking one of the most significant anti-corruption pushes in recent years.

What Do the New Removal Bills Propose?

The three bills scheduled for tabling in the Lok Sabha are the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025, and The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025. Collectively, they aim to establish a uniform legal framework across all states and union territories, including the National Capital Territory of Delhi.

The core provision states that if a sitting Prime Minister, Chief Minister, or minister is arrested and remains in custody for 30 consecutive days for an offence punishable by at least five years of imprisonment, they must resign by the 31st day. Failure to do so would result in their automatic removal from office. This mechanism is designed to prevent individuals facing serious allegations from potentially undermining constitutional morality and the principles of good governance while in power.

How Will the Legislative Process Unfold?

The path to enacting these laws is complex and highlights the government’s challenging parliamentary arithmetic. The constitutional amendment bill, which covers the PM, union ministers, and ministers in states and Delhi, requires a special majority—a two-thirds majority of the total strength of Parliament. The current ruling coalition does not command these numbers on its own, making opposition support or abstentions crucial for passage.

Conversely, the bills amending the laws for Union Territories and Jammu and Kashmir require only a simple majority, which the government is more likely to secure. Reports indicate that Union Home Minister Amit Shah may initially move to refer all three bills to a joint committee of Parliament, a strategic step likely aimed at managing fierce anticipated opposition and building consensus.

This legislative push occurs against a backdrop of intense political turmoil, with the monsoon session of Parliament repeatedly stalled by opposition protests over other issues. The bills’ introduction directly follows the high-profile arrests and imprisonments of Chief Ministers like Arvind Kejriwal of Delhi and Hemant Soren of Jharkhand on corruption charges, underscoring the immediate political context driving this initiative.

The legislation represents a profound shift towards prioritizing ethical governance, potentially cleansing the highest echelons of power but also setting the stage for a fierce constitutional and political debate on the balance between presumption of innocence and the demands of public office.