New Delhi: A Joint Parliamentary Committee (JPC) examining the proposed Constitution (130th Amendment) Bill is likely to retain one of its most debated provisions, which proposes the removal of the Prime Minister, Chief Ministers and other ministers if they remain in judicial custody for 30 consecutive days in connection with serious criminal offences, according to sources. The committee is expected to adopt its report on July 17, clearing the way for the Bill to be taken up during the upcoming Monsoon Session of Parliament.
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.