What the Proposed Clause Says

Under the proposed legislation, the provision would apply to ministers accused of offences punishable with five years or more of imprisonment. If such a person is arrested and continues to remain in custody for 30 consecutive days, the proposed law provides for removal from office. Reports indicate that the removal could either be ordered by the President or Governor on the advice of the Prime Minister or Chief Minister, respectively, or take effect automatically on the 31st day of detention, depending on the office held.

Safeguards Against Misuse May Be Recommended

While the panel is expected to retain the controversial provision, sources indicate that it may also recommend safeguards to prevent misuse of the law for political vendetta. The committee is reportedly considering limiting the provision to specified categories of serious offences and adding checks to ensure the law is not invoked arbitrarily.

Opposition Raises Concerns

Opposition parties have opposed the proposal, arguing that it goes against the principle of natural justice because it links removal from office to prolonged custody rather than conviction by a court. Several opposition members are expected to submit dissent notes when the committee finalises its report.

Bill Could Be Tabled in Monsoon Session

The Bill was introduced by Union Home Minister Amit Shah in 2025 and referred to a 31-member Joint Parliamentary Committee headed by BJP MP Aparajita Sarangi for detailed examination. Once the committee adopts its report, the government is expected to bring the legislation before Parliament during the Monsoon Session for debate and consideration. The proposal is not law yet and will require parliamentary approval and presidential assent before coming into force.