The Union Government is set to introduce a landmark set of bills in Parliament aimed at establishing clear guidelines for the removal of the Prime Minister, Chief Ministers, and other ministers if they are arrested and detained on serious criminal charges for a continuous period of 30 days. This move signifies a major shift in India’s constitutional accountability framework and seeks to restore public trust by ensuring that leaders facing grave allegations cannot continue in office while under prolonged custody.

The proposed legislation will amend key constitutional provisions, including Articles 75, 164, and 239AA, alongside relevant sections of the Jammu and Kashmir Reorganisation Act, 2019. The bills mandate that any Prime Minister, Union Minister, Chief Minister, or Minister of State or Union Territory, if arrested for offences punishable by imprisonment of five years or more, must resign if detained for 30 consecutive days. Failure to do so will lead to automatic removal from office on the 31st day.

Under this framework, the President will act on the advice of the Prime Minister to remove Union ministers, while Governors will act on the Chief Minister’s advice for state ministers. In absence of such advice, the removal will be automatic. Specifically for the Prime Minister and Chief Ministers, the bills require mandatory resignation by the 31st day of continuous detention, or automatic termination of their post.

This move responds to long-standing public concerns over ministers continuing in office despite serious legal troubles and arrests. While current laws like the Representation of the People Act provide for disqualification of legislators upon conviction, there are no explicit provisions addressing removal during the arrest or detention phase. The bills seek to fill this legislative gap by focusing on serious criminal allegations with potential implications for governance and constitutional morality.

The initiative comes amid recent controversies where ministers have remained in positions despite facing arrests or charges, raising questions about ethical standards in public office. The government’s official statement emphasizes that this legislation intends to protect constitutional integrity and public trust by ensuring that those accused of serious crimes cannot wield executive power unchecked.

However, the government’s decision has drawn criticism from some opposition parties and legal experts, who argue that automatic removal based on detention without conviction risks undermining the presumption of innocence and could be misused for political vendettas. The bills are expected to face detailed scrutiny and debate as they are referred to a joint parliamentary committee.

If passed, this move will set a precedent in India’s democratic system by enforcing stricter accountability mechanisms on elected leaders, while balancing the need for due legal process. It signals a firm government stance on ethical governance and aims to reinforce public confidence in the administration of justice and political office.