Centre To Table Bill For Removal Of PM, Chief Ministers Held In Custody Over Serious Charges

The Centre is set to introduce a landmark bill in Parliament that could fundamentally change accountability for India’s top political leaders. The proposed legislation seeks to mandate the resignation—or automatic removal—of the Prime Minister, Union Ministers, Chief Ministers, or state ministers if they remain in judicial custody for 30 consecutive days on serious criminal charges.

According to the draft, the provision would apply to cases where the alleged offence carries a minimum punishment of five years’ imprisonment, covering crimes such as large-scale corruption, grave financial irregularities, or violent offences. The move is aimed at preventing individuals facing serious legal scrutiny from continuing to hold constitutional office during prolonged detention.

If passed, the law will require amendments to Articles 75, 164 and 239AA of the Constitution, which currently limit disqualification grounds primarily to convictions. This would mark a significant expansion of accountability measures by including extended custody as a basis for removal.

The government has also listed other related bills for introduction, including 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. Union Home Minister Amit Shah is expected to move the motion in the Lok Sabha, with the bills likely to be referred to a parliamentary committee.

The opposition is scheduled to meet to formulate a joint response but has not yet issued an official statement. The development comes against the backdrop of cases such as Delhi Chief Minister Arvind Kejriwal’s continued tenure despite being jailed for months in connection with the Delhi excise policy case.

If enacted, the law would introduce a new precedent in Indian politics by restricting leaders facing prolonged detention from governing.