Introduced in the Lok Sabha on 20 August 2025 by Home Minister Amit Shah, this bill proposes amendments to Articles 75, 164, and 239AA of the Indian Constitution
Primary objective: To mandate the removal of the Prime Minister, Chief Ministers, or other ministers if they are arrested and detained for 30 consecutive days, for offenses punishable by 5 years or more, without requiring a conviction
Mechanism for removal:
Union: The President removes the PM or Union Minister; if the Minister doesn’t resign by day 31, the position automatically ceases
States: Similar removal via the Governor, based on the CM’s advice, or automatic cessation
Delhi (NCT): Applies analogous rules for its administration under Article 239AA
After release, the removed individual may be reappointed
The bill was referred to a Joint Parliamentary Committee (JPC) for detailed scrutiny
The government argues this amendment brings ministers in line with civil service norms, where suspension follows extended detention
Prashant Kishor supported the bill, stating it prevents governance from being conducted from jail and fills a constitutional lacuna
Supporters assert this move will enhance accountability, curb corruption, and uphold constitutional morality
Due Process & Democratic Norms:
Asaduddin Owaisi criticized the bill, saying it undermines separation of powers, federalism, and due process, enabling agencies to act unchecked Democracy & Civil Rights:
Mamata Banerjee labeled the bill a “super‑Emergency” and a “Hitlerian assault” on democracy
M.K. Stalin condemned it as a “Black Bill” and warned it sets the stage for dictatorship by enabling removal without trial
Congress leaders denounced it as "draconian" and aimed at targeting opposition
Threat to Federalism:
CPI(ML) called the amendment an assault on federalism and accused it of destabilizing non‑BJP governments using central investigative agencies .
Legal and Constitutional Concerns:
Critics argue removal based on mere allegation, not conviction, breaches the foundational rule-of-law principles .
| Aspect | Details |
|---|---|
| Introduced by | Amit Shah (20 August 2025) |
| Main Provision | Removal of PM, CMs, ministers after 30‑day detention (no conviction needed) |
| Affected Articles | Articles 75, 164, 239AA |
| Reappointment Clause | Permissible once released from detention |
| Support | Accountability, corruption control (e.g., Prashant Kishor) |
| Criticism | Undermines democracy, due process, federalism, separation of powers |
| Current Status | Referred to a Joint Parliamentary Committee |
