Govt to Table Bill for PM, CM Removal on Arrest Without Bail in Monsoon Session
Govt to Table Bill for PM, CM Removal on Arrest Without Bail

The government is considering piloting the consequential Constitution 130th Amendment Bill, 2025, along with two other related draft laws, in the upcoming monsoon session of Parliament. The joint parliamentary committee (JPC) scrutinising the Bill is expected to submit its report in time for the session, which is likely to begin on July 20.

Key Provisions of the Bill

The Bill seeks to remove the Prime Minister, Chief Ministers, and ministers from office if they fail to secure bail after a month of arrest in serious criminal matters, including corruption. At its tenth meeting today, the JPC, led by BJP's Aprajita Sarangi, is learnt to have decided to retain the controversial clause that triggers removal after 30 consecutive days of detention without bail in a serious case.

Sources indicate that the JPC draft report will be shared with members by July 10, and the JPC will meet again on July 17 to finalise the Bill. The other two Bills are the Government of Union Territories Amendment Bill, 2025, and the Jammu and Kashmir Reorganisation Amendment Bill, 2025.

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JPC Members' Stance

It is learnt that most JPC members believe the clause on removing PMs and CMs after they fail to get bail following a month of arrest is adequate and does not undermine the principle of natural justice, as argued by AIMIM chief Asaduddin Owaisi and some other opposition MPs in the JPC. The government defended the Bill by citing the example of a former Delhi CM who refused to vacate office despite being jailed for months.

The Opposition contends that the draft laws strike at the root of principles of natural justice and the basic structure of the Constitution. Congress's Manish Tewari has argued that the Bill violates the basic rule of law — innocent until proven guilty and until conviction has been upheld right up to the Supreme Court.

Impact and Next Steps

If passed, the Bill would significantly alter the political landscape by holding elected officials accountable during legal proceedings. The monsoon session is expected to start from July 20, and the government aims to table the Bill along with the two related amendments. The JPC's final report will be crucial in shaping the legislation before it is presented to Parliament.

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