The Union government plans to introduce three Bills in Parliament to remove the Prime Minister, Union ministers, chief ministers, or state ministers if they are arrested or detained for 30 days on serious criminal charges.
How It Works
The Bills seek to amend Articles 75, 164, and 239AA of the Constitution.
- If a minister is in custody for 30 straight days for an offence punishable with five years or more in jail, the President will remove them on the Prime Minister’s advice.
- If the Prime Minister himself is in custody for 30 days, he must resign on the 31st day. If not, he will automatically cease to hold office.
Current Situation
Right now, there is no rule that forces ministers to step down when arrested. Former Delhi Chief Minister Arvind Kejriwal and Tamil Nadu minister V Senthil Balaji stayed in office after being taken into custody. The Representation of the People Act, 1951, disqualifies MPs and MLAs only after conviction with a sentence of two years or more, not during arrest or detention.
Next Steps
Home Minister Amit Shah is expected to move a motion in the Lok Sabha on Wednesday to send the Bills to a joint committee of Parliament for review.
Political Reaction
The Congress has criticised the move. Leader Gaurav Gogoi said the Bills are “a desperate attempt” to distract from Rahul Gandhi’s Voter Adhikar Yatra.
