Centre to table constitutional amendment bill to remove PM after a month’s detention

New Delhi: In a landmark legislative initiative set to reshape executive accountability across India, the Union government will introduce the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, in the Lok Sabha on Wednesday.

The Bill proposes critical amendments to Articles 75, 164 and 239AA of the Constitution, establishing a mechanism for the automatic removal or resignation of the Prime Minister, Chief Ministers and other ministers if they are arrested and detained in custody for 30 consecutive days on allegations of serious criminal offences punishable by imprisonment of five years or more.

For the first time, such provisions would explicitly extend to the office of the Prime Minister, ensuring that no individual in high office can continue to serve while under prolonged detention, thereby safeguarding public trust and administrative efficiency.

The Bill, designated as Bill No. 111 of 2025, inserts new clauses into key constitutional articles governing the appointment and tenure of executive leaders:

Amendment to Article 75 (Union Council of Ministers): A new clause (5A) will be added after clause (5), stipulating that any minister, including the Prime Minister, who is detained for 30 consecutive days must be removed from office by the President on the advice of the Prime Minister, to be tendered by the 31st day following the arrest. If the advice is not provided, the minister shall automatically cease to hold office from the subsequent day. For the Prime Minister specifically, the clause requires tendering resignation by the 31st day after detention; failure to do so results in automatic cessation of the role. Reappointment upon release from custody remains possible under clause (1) of Article 75.

Amendment to Article 164 (State Council of Ministers): Similarly, a new clause (4A), after clause (4), applies the framework to state-level executives. A detained minister or Chief Minister must be removed by the Governor on the Chief Minister’s advice by the 31st day. If no advice is tendered, the individual ceases to be a minister automatically. For Chief Ministers, the provision mirrors the Prime Minister’s, mandating resignation or automatic removal after 30 days of detention, with reappointment possible post-release under clause (1).

Amendment to Article 239AA (Special provisions for Delhi): The Bill extends these measures to the National Capital Territory of Delhi, ensuring uniform application across Union and state executives, with the new clause (5A) aligned to the overarching framework.

The amendments target offences under any prevailing law where the potential punishment extends to five years or more, focusing on allegations severe enough to warrant extended custody.

Enacted in the Seventy-sixth Year of the Republic of India, the Bill emphasises that elected representatives must embody the hopes and aspirations of the people, rising above political interests to serve the public welfare. It argues that ministers facing serious criminal allegations and detention may undermine principles of good governance and diminish the constitutional trust placed in them by citizens.

The absence of explicit provisions in the current Constitution for removing detained leaders has prompted this reform, aiming to prevent any hindrance to administrative functions and maintain the integrity of public office.

The Act, if passed, will come into force on a date notified by the Central Government in the Official Gazette, allowing for phased implementation.

Legal experts anticipate rigorous parliamentary debate, given the Bill’s implications for federalism and executive stability. Passage would require a two-thirds majority in both Houses of Parliament, followed by ratification by at least half of the state legislatures under Article 368.

As the Lok Sabha convenes tomorrow, all eyes will be on the Opposition’s moves on this Bill.