Govt to table constitutional amendment mandating removal of ministers jailed on graft charges

In a landmark move to tighten accountability in public life, the Union Government is set to introduce a constitutional amendment mandating the removal of any minister — at the Centre or in the states — who remains in custody for 30 consecutive days on charges of corruption or serious offences.

Union Home Minister Amit Shah is expected to table the Constitution (130th Amendment) Bill, 2025 in the Lok Sabha on August 20. The Bill seeks to amend Article 75 of the Constitution, which governs the appointment and responsibilities of the Council of Ministers, including the Prime Minister.

According to the draft, “A Minister, who for any period of 30 consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law… which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office by the President on the advice of the Prime Minister by the 31st day after being taken in such custody.”

Backdrop: Senthil Balaji case sparks precedent

The legislation follows the uproar triggered by the 2023 arrest of DMK minister V Senthil Balaji in a money laundering case. Then Tamil Nadu Governor R N Ravi dismissed Balaji from the Cabinet, but Chief Minister M K Stalin reinstated him after he secured bail from the Supreme Court. The apex court later voiced concern, prompting Balaji’s eventual removal in a Cabinet reshuffle.

The Bill’s statement of objects argues that ministers facing grave criminal allegations “may thwart or hinder the canons of constitutional morality and principles of good governance, eventually diminishing the constitutional trust reposed by people in them.”

It adds that elected representatives carry the hopes of citizens and are expected to maintain conduct “beyond any ray of suspicion.”

Opposition sees political risk

Congress MP Abhishek Singhvi criticized the proposal, warning that it could be weaponised to destabilize Opposition-ruled states. “Best way to destabilise opposition is to unleash biased central agencies to arrest Opposition CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests. And no ruling party incumbent CM ever touched,” he posted on X.

Parallel bills for UTs and J&K

Alongside the amendment, the Centre will move changes to the Government of Union Territories Act, 1963 and the Jammu & Kashmir Reorganisation Act to align the framework in Union Territories with the proposed constitutional provisions.

Sources said the Government has also lined up other key legislations, including the Promotion and Regulation of Online Gaming Bill, 2025, with most expected to be referred to a Joint Parliamentary Committee for scrutiny.

With the Monsoon session set to end on August 21, Shah has written to the Lok Sabha Secretariat seeking relaxation in rules to allow the Bill’s introduction without prior notice or circulation to all members.