Legislative measures concerning the release of detained ministers recommended for investigation by the Joint Parliamentary Committee
The Lok Sabha has recently referred three significant bills, including the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, for further examination. This article provides an overview of these bills and their proposed amendments.
The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025
Amit Shah, then leading the Bharatiya Janata Party (BJP), proposed to refer this bill to the joint parliamentary committee. The bill aims to amend Articles 75, 164, and 239AA of the Constitution. The Joint Committee will now examine the texts in detail and present its report during the next parliamentary session.
The Bill on the Removal of Ministers
This bill provides for the removal of a Union Minister, State Minister, or Delhi Minister who remains under arrest and detention for 30 consecutive days in connection with an offence punishable with at least five years' imprisonment. The President or Governor, on the advice of the Prime Minister or Chief Minister, respectively, would effect the removal of the minister in question. In the case of the Prime Minister or a Chief Minister, they would be required to resign by the thirty-first day; failing that, they would automatically cease to hold office. The Bill clarifies that such individuals may be re-appointed after release from custody.
The Government of Union Territories (Amendment) Bill, 2025
This bill seeks to amend Section 45 of the Government of Union Territories Act, 1963, but further details about this bill are not provided in the given paragraphs. Proposed Section 54(5A) of the Bill incorporates a removal mechanism for the Chief Minister and Council of Ministers of Jammu and Kashmir.
The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025
This bill amends Section 54 of the Jammu and Kashmir Reorganisation Act, 2019. Re-appointment after release is permitted under the amendment for ministers in Jammu and Kashmir.
In Jammu and Kashmir, a minister detained for 30 consecutive days on serious criminal charges would be removed by the Lieutenant Governor on the advice of the Chief Minister. If the Chief Minister himself is detained, resignation must be tendered by the thirty-first day, failing which the post would automatically fall vacant.
These bills are currently under scrutiny and will shape the political landscape in India and Jammu and Kashmir moving forward. As more details emerge, we will continue to provide updates on these important legislative proposals.
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