India (Commonwealth Union)_ A parliamentary panel is expected to finalize a key constitutional amendment bill later this month that could pave the way for the automatic removal of the Prime Minister, Chief Ministers and other ministers if they remain in custody for 30 consecutive days in connection with serious criminal cases. According to sources, the Joint Parliamentary Committee (JPC) examining the proposed legislation is likely to adopt its report at a meeting scheduled for July 17. The central government is then expected to introduce the bill during the upcoming monsoon session of Parliament, which is set to begin on July 20.
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The proposed Constitution (130th Amendment) Bill seeks to introduce a new legal framework under which a Prime Minister, Chief Minister or minister accused of an offence carrying a prison sentence of five years or more would lose office after spending 30 continuous days in custody. The removal could either take place automatically on the 31st day or be formally carried out by the President or the Governor, depending on the office held. The parliamentary committee, chaired by BJP MP Aparajita Sarangi, is expected to retain the bill’s main provision while adding safeguards to prevent its misuse. During consultations, legal experts and civil society groups raised concerns that political rivals could exploit the law by using criminal investigations to remove elected leaders from office. The committee is believed to be considering measures aimed at addressing those fears.
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The bill has triggered strong opposition from parties in the INDIA bloc, which argue that it is unconstitutional and could be used to target opposition-led state governments. Critics say the proposal undermines the principles of natural justice because it allows elected representatives to be removed solely on the basis of detention, without a court convicting them of any crime. Several opposition leaders, including those from the Congress, have boycotted the proceedings of the committee, alleging that the panel has become a “rubber stamp” for the ruling party. AIMIM leader Asaduddin Owaisi has also questioned the proposal, pointing out that existing criminal laws allow police custody to extend beyond 30 days in some cases, making removal from office almost unavoidable even if the accused is later cleared.
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The bill was first brought up by Union Home Minister Amit Shah in August 2023. Defending the proposal, Shah cited the arrests of former Delhi Chief Minister Arvind Kejriwal and DMK leader V. Senthil Balaji as examples and said those holding top constitutional positions should not continue to govern while in custody. As a constitutional amendment, the bill will need the support of at least two-thirds of members of Parliament, making its passage a substantial political challenge for the BJP-led government.
