On Wednesday, August 20, 2025, Union Home Minister Amit Shah is expected to present three bills to the Lok Sabha that would establish a legal framework for the removal of the Prime Minister, Union Ministers, Chief Ministers, and Ministers in States and Union Territories who have been "arrested and detained in custody on account of serious criminal charges."
Get a detailed explanation of the amendment bills in this article.
President, PM, CM and others can now be Removed
According to the bills, if the Prime Minister, Chief Ministers, or Ministers of States and Union Territories are arrested and held in custody for 30 consecutive days on charges of committing a crime that carries a prison term of five years or more, they must be removed from office on the 31st day.
Who will remove whom:
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President will remove the Prime Minister.
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Chief Minister (of a State) will remove the Ministers of that State.
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Governor (of a State) will remove the Chief Minister of that State.
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Lieutenant-Governor (of a Union Territory) will remove the Chief Minister of that Union Territory.
According to the bills, they might be reappointed after being released from custody.
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What is PM, CM Removal Bill?
On Tuesday, August 19, 2025, Mr. Shah informed the Lok Sabha office that three bills will be passed during the current session.
The three bills are:
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The Constitution (130th Amendment) Bill, 2025
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The Jammu and Kashmir Reorganization (Amendment) Bill, 2025
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The Government of Union Territories (Amendment) Bill, 2025
Why is the Bill Needed?
According to Mr. Shah's summary of the Bill's goals and justifications, which was distributed to Lok Sabha members on Tuesday, "the elected representatives represent hopes and aspirations of the people of India." They are supposed to act only in the public interest and for the benefit of citizens, putting aside political interests. It is expected of ministers in office that their behavior and character should not raise any suspicion or disgrace.
According to the statement, a minister who is accused of grave criminal offenses, arrested, and held in custody may obstruct or impede the principles of good governance and constitutional morality, ultimately diminishing the public's constitutional trust in him.
What are the Key Amendments?
The Constitution currently has no provision to remove a minister who is arrested and kept in custody on serious criminal charges. To address this gap, the proposal calls for amending Articles 75, 164, and 239AA. These amendments would create a clear legal framework for removing:
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The Prime Minister or any Minister in the Union Council of Ministers,
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The Chief Minister or any Minister in the State Councils of Ministers, and
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The Chief Minister or Ministers in the Council of Ministers of the National Capital Territory of Delhi, if they face arrest and custody due to grave criminal allegations.
Separate Bill for J&K and UT
The procedures for dismissing the chief minister and other ministers in the union territories of Jammu & Kashmir and Puducherry are outlined in the other two bills.
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