The bills of the government collectively known as the "Ministers (Removal on Arrest) Bills, 2025" propose to insert provisions in the Constitution of India to make express provision for removal of the Prime Minister, Union ministers, Chief Ministers, state ministers, and Union Territory ministers if they are arrested and detained in jail on serious criminal charges for a prolonged duration.
Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, To amend Article 75 in regard to the Prime Minister and the Union ministers.
The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, For the ministers of Jammu & Kashmir.
The Government of Union Territories (Amendment) Bill, 2025, For the ministers of other Union Territories, amending Article 239AA.
Publicly and in the media, they are referred to as the "Arrest and Removal Bills 2025" or "Ministers Arrest Removal Bills 2025."
The most important thing about these bills is to make it mandatory for ministers and the Prime Minister who have been detained and arrested for 30 consecutive days on serious criminal charges punishable with imprisonment for 5 years or more to be automatically removed from office.
A minister (like PM or CM) in detention for 30 consecutive days on a serious offence charge shall be removed from office by the President on the advice of the Prime Minister (in respect of Union ministers) or the Chief Minister (in respect of state ministers).
If, however, the President does not do so within the 31st day, the Prime Minister or the minister shall cease to hold office from the next day.
The Prime Minister must resign on or before the 31st day of detention, and in case of default, automatically vacate the office.
Similarly, Chief Ministers and state ministers must resign or be automatically dismissed if detained for 30 days.
The bills also explicitly allow for re-appointment following release from jail of the minister or the Prime Minister.
Amendments are particularly targeted at Articles 75 (PM and Union Council of Ministers), 164 (CM and State Council of Ministers), and 239AA (Union Territories with legislatures like Delhi and Puducherry).
The government affirms that elected ministers must represent the dreams and aspirations of the people and must function above political ambitions for the welfare of the people.
The bills aim to plug a gap in constitutional governance and morality where currently there is no specific law for the ousting of ministers or the Prime Minister who are under serious criminal investigation but not convicted or disqualified from the office.
The move follows the controversies that had surrounded ministers who were in office while arrested and facing charges in grave criminal cases. According to the government, the bill is essential in the role of sustaining constitutional trust and good governance.
Up to August 20, 2025, Union Home Minister Amit Shah has introduced these three bills to the Lok Sabha (the Lower House of Parliament).
After introduction, the bills will be sent to a Joint Committee of both Houses of Parliament for proper scrutiny and reporting.
Parliamentary discussion and subsequent vote will then ensue after being considered by the Joint Committee.
Currently, under the Representation of the People Act, 1951, members who are elected are disqualified upon conviction with a sentence of imprisonment for two or more years, but no law necessitates removal during the arrest/detention stage before conviction.
This legislative step would be historic in the context that it would be the first occasion where removal on the basis of detention rather than conviction is mandatory for such high offices.
There has also been some political criticism contending that this legislation would improperly be used to destabilize opposition by targeting its leaders through what some complain may be politically motivated administrative or law enforcement actions.
The Ministers (Removal on Arrest) Bills, 2025, make substantial amendments to Articles 75, 164, and 239AA of the Indian Constitution. These bills contain provisions for removal of the Prime Minister, Union ministers, Chief Ministers, state ministers, and Union Territory ministers if they get arrested and detained in custody on serious criminal charges punishable with imprisonment for five years or more for 30 consecutive days. Especially, when a minister or the Prime Minister is arrested for this period of time, the President has to remove such a minister (Union minister) or the Prime Minister (state minister) from office on the Prime Minister's advice or the Chief Minister's advice. If the President doesn't take action within the 31st day, then such a person automatically loses the job from the next day. In addition, the Prime Minister must resign office by the 31st day of detention or will equally resign office, and the same applies to Chief Ministers and state ministers. The bills also provide for the reappointment on release from custody.
These bills were placed in the Lok Sabha on August 20, 2025, by Union Home Minister Amit Shah and are now sent to a Joint Committee of both Houses of Parliament for detailed examination before further discussion and voting. The government has stated that the bills are a move to uphold constitutional morality, public trust, and good governance by making sure that ministers who are facing grave criminal allegations are not allowed to continue in office when they are arrested. The law fills a constitutional gap as, under current law, elected representatives become disqualified upon conviction and not at the time of arrest or detention. While seen as a historic step, there have been dissenting voices that have questioned the potential for abuse of the law to use against political opponents.
This will fundamentally alter the constitutional and legal landscape upon passage, bringing strong accountability to the highest offices in the country by removing from office those who have been arrested on serious charges while serving.
This is a big leap by the government to ensure accountability and ethical conduct from the highest offices of governance in India.
These bills, if passed, will fundamentally redefine the legal terrain on how ministers and the Prime Minister need to respond to serious criminal charges during their tenure