Thu Aug 21 02:20:00 UTC 2025: **News Article:**
**India Moves to Remove Ministers Detained on Serious Charges**
**New Delhi:** Home Minister Amit Shah introduced a constitutional amendment in Lok Sabha on Wednesday that could lead to the removal of ministers facing serious criminal charges. The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, proposes the removal of central or state ministers detained for 30 consecutive days on allegations of offences punishable with imprisonment of five years or more.
The Bill seeks to amend Articles 75, 164, and 239AA of the Constitution, impacting Union Territories and State and Union Councils of Ministers. If passed, the President would be compelled, on the Prime Minister’s advice, to remove a minister detained for 30 days after being taken into custody on serious charges. The removal could be reversed upon the minister’s release.
The bill has been referred to a joint committee of Parliament for review, the bill also includes Chief Ministers and the Prime Minister within its scope.
The government argues the amendment is necessary to uphold constitutional morality and good governance, preventing ministers facing allegations from diminishing public trust.
The bill departs from the existing legal framework, which disqualifies legislators only upon conviction for certain offences and sentencing of at least two years, as per the Representation of the People Act, 1951. The proposed bill focuses on detention period, raising concerns about due process as arrest and detention are preliminary stages of investigation.
While debates on disqualification for legislators prior to conviction have grown due to concerns about criminalization of politics, constitutional principles emphasize the right to a fair hearing.
The Supreme Court has previously stated that the power to legislate on disqualification rests solely with Parliament. Recent cases involving ministers facing money laundering charges saw the Supreme Court refrain from directly compelling resignations, emphasizing that elected leaders’ decisions to step down are at their discretion.
**In a side note:** India has denied recent allegations from Bangladesh regarding Awami League-linked offices operating within India for anti-Bangladesh activities, reiterating its commitment to fair elections in the neighboring country.
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