New Delhi: The government is set to introduce a bill in the Lok Sabha on Wednesday aimed at providing a legal framework for the removal of the Prime Minister, Chief Ministers of states, or Ministers of Union Territories, including Jammu and Kashmir, if they are arrested or detained on serious criminal charges.
The Congress opposed the tabling of the Bill, calling it an attempt to destabilise governments in oposition-ruled states by the ruling party at the Centre.
If the Bill gets passed, a minister who has been in jail for 30 consecutive days on charges of a serious crime (offences punishable by five years or more), s/he will be removed from office by the President on the advice of the Prime Minister.
Even if the Prime Minister does not advise, the minister will be automatically removed from office after the 31st day. If the Prime Minister himself is in jail for 30 days on such charges, he will have to resign by the 31st day, otherwise his position will automatically end. Similarly, if a state minister is in jail for 30 days, the Governor will remove him on the advice of the Chief Minister.
The minister’s post will automatically end on the 31st day if the CM does not advice. If the Chief Minister himself remains in jail for 30 days, he will have to resign by the 31st day, otherwise his post will automatically end.
The proposed legislation seeks to amend Articles 75, 164, and 239AA of the Constitution, as well as Section 54 of the Jammu and Kashmir Reorganisation Act, 2019.
The Statement of Objects and Reasons of the Bill highlights the urgency of safeguarding constitutional morality and ensuring public trust in elected representatives.
The Bill states that while elected leaders embody the hopes and aspirations of the people, there is currently no provision under the Constitution to remove a sitting Prime Minister or Minister who is arrested and detained on serious criminal charges.
“It is expected that the character and conduct of Ministers holding office should be beyond any ray of suspicion,” the statement read. “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,” it says.
Soon after the Bill were listed for business in the Lok Sabha, the Congress opposed it, saying that the ruling party wishes to bring such a law to remove opposition chief ministers after failing to defeat them electorally.
“What a vicious circle! No guidelines for arrest followed! Arrests of opposition leaders rampant and disproportionate,” senior advocate and Congress leader Abhishek Manu Singhvi posted on X.
“The best way to destabilise the 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!!,” he added.