The government is set to introduce a bill on Wednesday in the Lok Sabha aimed at providing a legal framework for the removal of the Prime Minister, Chief Ministers of states, or Ministers of Union Territories, including Jammu and Kashmir, if they are arrested or detained on serious criminal charges, senior officials confirmed.
Under the proposed provisions, if a minister is in jail for 30 consecutive days on charges of a serious crime (offences punishable by five years or more), the President will remove him from office on the advice of the Prime Minister.
If the Prime Minister does not advise, the minister will be automatically removed from office after the 31st day. If the Prime Minister himself is in jail for 30 days on such charges, he will have to resign by the 31st day, otherwise his position will automatically end. Similarly, if a state minister is in jail for 30 days, the Governor will remove him on the advice of the Chief Minister.
If the advice is not given, the minister's post will automatically end on the 31st day. If the Chief Minister himself remains in jail for 30 days, he will have to resign by the 31st day, otherwise his post will automatically end.
The proposed legislation seeks to amend Articles 75, 164, and 239AA of the Constitution, as well as Section 54 of the Jammu and Kashmir Reorganisation Act, 2019.
Under the proposed provisions, any minister, including the Prime Minister, Chief Minister, or any Minister of State, who is arrested and detained for a continuous period of 30 days in connection with an offence punishable by imprisonment of five years or more, will be liable to be removed from office.
The proposed amendment seeks to insert a new clause - (4A) - in Section 54 of the Jammu and Kashmir Reorganisation Act, 2019. The clause specifies that a Minister arrested and held in custody for 30 consecutive days during their term shall be removed by the Lieutenant Governor on the advice of the Chief Minister by the 31st day.
If such advice is not tendered by the Chief Minister, the Minister shall automatically cease to hold office from the next day.
A similar mechanism is proposed for the Union Government and State Governments, where the detained Minister or Prime Minister would be removed on the 31st day of continuous custody.
The Statement of Objects and Reasons of the Bill highlights the urgency of safeguarding constitutional morality and ensuring public trust in elected representatives.
It states that while elected leaders embody the hopes and aspirations of the people, there is currently no provision under the Constitution to remove a sitting Prime Minister or Minister who is arrested and detained on serious criminal charges.
"It is expected that the character and conduct of Ministers holding office should be beyond any ray of suspicion," the statement read. "A Minister, who is facing allegations of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him."
Source: India Today