NEW DELHI: Union Home Minister Amit Shah introduced three contentious bills in the Lok Sabha on August 20, Wednesday, that could fundamentally alter India's political landscape by allowing the removal of sitting ministers, chief ministers, and even the Prime Minister if they are arrested or detained for 30 consecutive days on charges carrying a jail term of five years or more.
The three bills introduced are The Constitution (130th Amendment) Bill, 2025, The Government of Union Territories (Amendment) Bill, 2025, and The Jammu & Kashmir Reorganisation (Amendment) Bill, 2025.
Under the proposed amendments, any minister who remains in custody for 30 consecutive days on allegations of offenses punishable by five years or more imprisonment would face automatic removal from office. The mechanism varies by position.
For Union Ministers, the President would remove them on the Prime Minister's advice, which must be tendered by the 31st day. If the PM fails to provide such advice, the minister automatically ceases to hold office.
For the Prime Minister, they must tender resignation by the 31st day of detention. Failure to do so results in automatic cessation of office.
For State Ministers and Chief Ministers, Governors would take action in states, while the President acts for Delhi and other Union Territories. In Jammu and Kashmir, the Lieutenant Governor holds this authority.
Importantly, the bills specify that dismissed officials can be reappointed after their release from custody.
Parliamentary Opposition and Disruption
The introduction faced immediate resistance from opposition members. AIMIM president Asaduddin Owaisi strongly opposed the bills, leading to sloganeering that forced Lok Sabha Speaker Om Birla to adjourn proceedings until 3 pm.
"This violates separation of powers. It gives executive agencies power to play judge, jury and executioner. This bill would empower the unelected to play the role of the executionary," Owaisi declared. He further characterized the legislation as creating "a gestapo" and warned that "sections of this bill can be used to destabilise governments."
Congress MP Manish Tewari called the bills "squarely destructive," arguing they violate the constitutional principle of being "innocent until proven guilty." He expressed concern that the bills would "make an executive agency officer the boss of the Prime Minister."
Exclusive Details from Parliamentary Process
According to The Wire, Shah wrote to the Lok Sabha secretary-general on Tuesday evening (August 19) notifying his intention to move these bills. The Wire learned that "Shah requested in a separate letter urging the secretary-general to show some leniency in rules of the house for him to move both the amendment bills in the current session," citing "paucity of time" to bypass standard procedures outlined in Rules 19(A) and 19(B).
The Wire also reported that "when Shah suddenly sent the request to the secretary-general about his proposal to move the bills even as only two working days of the monsoon session are left, the Lok Sabha secretariat pointed out that it could be a violation of Rule 19A and 19B."
Speaker Om Birla reportedly asked the secretariat to accommodate Shah's urgent request.
Government's Justification
The Statement of Objects and Reasons for the bills argues that there is a need for a legal framework addressing ministers facing serious criminal charges. The government contends that "a Minister, who is facing allegations of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him."
The bills emphasize that elected representatives "represent hopes and aspirations" of the people and should "rise above political interests and act only in the public interest and for the welfare of people." They stress that "the character and conduct of Ministers holding the office should be beyond any ray of suspicion."
Political Context and Implications
The legislation appears to address recent controversies involving the arrest of high-profile political figures, including former Delhi Chief Minister Arvind Kejriwal and Tamil Nadu Minister V Senthil Balaji in money laundering cases. The Balaji case created a constitutional standoff when Governor R.N. Ravi dismissed him from the council of ministers after Chief Minister M.K. Stalin retained him despite his arrest, with Stalin maintaining that appointment and removal of ministers was his prerogative.
Senior Congress leaders have denounced Shah's proposals as targeting opposition-ruled states. Congress leader Abhishek Manu Singhvi tweeted: "What a vicious circle! No guidelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent #CM etc immediately on arrest."
He further argued: "Best way to destabilise opposition is to unleash biased central agencies to arrest opposition CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!"
Constitutional and Legal Concerns
Legal experts, opposition members and netizens have raised several concerns about separation of powers, arguing the bills blur the lines between executive, legislative, and judicial functions. They also worry about the presumption of innocence, as the legislation potentially undermines the constitutional principle of innocence until proven guilty.
There are concerns about the federal structure, as the amendments could strengthen central government control over state administrations. Additionally, the procedural fairness of the rushed introduction without adequate time for review raises questions about the legislative process.
Next Steps
Shah has indicated plans to move a motion referring the three bills to a Joint Committee of Parliament for further scrutiny. Given the controversial nature of the legislation and strong opposition resistance, the bills are likely to face intense debate and scrutiny in both houses of Parliament.
The bills, if passed, would represent one of the most significant changes to India's constitutional framework regarding the tenure of elected officials, potentially reshaping the balance of power between different levels of government and branches of the state.
The monsoon session of Parliament is scheduled to conclude on August 21, 2025.
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