The center will introduce laws to remove the prime minister and jail top ministers on serious offenses.

Senior officials confirmed that the Union Government will introduce a bill in the lok Sabha on Wednesday that would establish a legal framework for the removal of the Prime Minister, state chief ministers, and ministers of Union Territories, including Jammu and Kashmir, if they are detained or arrested on serious criminal charges.

The proposed law aims to amend Section 54 of the Jammu and Kashmir Reorganization Act, 2019 as well as Articles 75, 164, and 239AA of the Constitution. Any minister, including the prime minister, chief minister, or minister of state, who is arrested and held for 30 days in a row in connection with a crime carrying a minimum sentence of five years in prison will be subject to removal from office under the proposed provisions.

The proposed amendment aims to alter Section 54 of the Jammu and Kashmir Reorganisation Act, 2019 by adding a new section (4A). According to the clause, a Minister who is arrested and detained for 30 days in a row during their tenure must be dismissed by the Lieutenant Governor by the 31st day, at the Chief Minister’s recommendation. The Minister will immediately leave office the following day if the Chief Minister does not submit such recommendation.

According to the law, if a Minister or Chief Minister is incarcerated for 30 days in a row in a Union Territory, like Jammu and Kashmir, the Lieutenant Governor may remove them on the Chief Minister’s recommendation. The Minister or Chief Minister will immediately leave office on the next day if the advice is not submitted by the 31st day.

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.

According to the statement, “Ministers holding office are expected to have conduct and character that are above reproach.” “A Minister may thwart or hinder the principles of good governance and constitutional morality and ultimately erode the constitutional trust placed in him by being accused of serious criminal offenses, arrested, and held in custody.”