New Delhi: Parliament is set for a heated debate on Wednesday as the government introduces a landmark bill mandating the removal of top elected leaders including the Prime Minister, Union Ministers, Chief Ministers, and state or Union Territory ministers if they remain under arrest for more than 30 consecutive days.
The draft legislation stipulates that if any of these high-ranking public representatives are arrested and kept in custody for 30 continuous days, they must resign by Day 31. Failure to do so will trigger automatic removal from office. The provision is designed to ensure accountability in cases of serious criminal allegations.
While the bill does not list specific offences, it makes clear that the rule will apply to any charge punishable with a minimum of five years in prison, covering grave crimes such as murder, terrorism, and large-scale corruption.
Currently, under the Constitution, ministers can only be disqualified after conviction in a criminal case. This proposal marks a significant shift by targeting not just conviction but extended detention before trial. To make this legally binding, the government will push for amendments to Articles 75, 164, and 239AA of the Constitution, which deal with the tenure and responsibilities of ministers at the Union, state, and Union Territory levels.
The new measure will be tabled alongside two other key legislations the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025. All three could be referred to a parliamentary committee for detailed examination. Union Home Minister Amit Shah is expected to move the motion in the Lok Sabha.
Opposition parties have yet to formally comment but are scheduled to hold a strategy meeting on Wednesday morning. Sources suggest the Opposition bloc may raise concerns about potential misuse of the law against political rivals.
The proposal comes against the backdrop of recent controversies, including Delhi Chief Minister Arvind Kejriwal’s six-month governance stint from jail following his arrest in the excise policy case. Traditionally, most ministers facing arrest have chosen to resign beforehand to avoid political and administrative disruption.
If passed, the bill could reshape political accountability in India by ensuring that leaders facing prolonged incarceration step aside from governance responsibilities. Supporters argue it will safeguard the dignity of public office, while critics warn of risks if arrests are politically motivated.