New Delhi [India], August 20 (ANI): Opposition leaders are criticising the Centre’s moves to introduce three bills in Parliament on Wednesday for the removal of a prime minister, a Union minister, a chief minister or a minister of a state or Union Territory when arrested or detained on serious criminal charges.
The Congress’ Deputy Leader in the Lok Sabha, Gaurav Gogoi, said the bills are aimed at diverting people’s attention from Rahul Gandhi’s ‘Vote Adhikar Yatra’ in Bihar. Congress leader Rahul Gandhi has embarked on a 16-day, 1,300-km “Vote Adhikar Yatra” in Bihar to highlight alleged voter roll manipulation and protect democracy. The yatra aims to raise awareness about voting rights and build momentum for the INDIA bloc ahead of the Bihar assembly elections.
“The bills of Home Minister Amit Shah are nothing but a desperate attempt to divert the attention of the public away from the blistering Vote Adhikar Yatra of Shri Rahul Gandhi. First CSDS – BJP IT cell drama and now these bills. Clearly the winds of change are blowing in Bihar,” Gogoi posted on X.
The opposition alleges that the Special Intensive Revision (SIR) of electoral rolls is a deliberate attempt to tamper with votes, disproportionately affecting backward communities, minorities, and migrant workers. Gandhi has framed the yatra as a “direct fight against vote chori” from Bihar’s soil.
The government defends the SIR process, saying it’s a transparent exercise to ensure electoral integrity. Bihar’s Deputy Chief Minister Samrat Choudhary has dismissed the yatra as a ploy to mislead voters ahead of the polls.
The three bills that the Centre plans to introduce are the Government of Union Territories (Amendment) Bill 2025; the Constitution (One Hundred And Thirtieth Amendment) Bill 2025; and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025.
Home Minister Amit Shah is slated to introduce three bills in Lok Sabha on Wednesday – including a Constitution Amendment bill, a bill to amend the Union Territories Act, 1963 and the Jammu and Kashmir Reorganisation (Amendment) Bill 2025.
The three legislations, along with the Promotion and Regulation of Online Gaming Bill, 2025, are listed in the revised agenda of Lok Sabha for Wednesday.
The three bills are slated to be referred to the Joint Committee of the two Houses.
Opposition members reacted sharply to the government’s move to bring the bills in the revised agenda that was put out late evening, saying it is an attempt to distract attention from their protests over the Special Intensive Revision (SIR) of electoral rolls in Bihar.
Trinamool Congress MP Derek O’Brien said the Modi government is resorting to “stunts in the dead of night.”
“In the dead of night, more stunts from the shaky 239-seat Modi coalition as they look for more ways to MOCK & DISRUPT PARLIAMENT,” he said in a post on X.
Congress senior spokesperson Abhishek Singhvi said the ruling party wishes to bring such a law to remove opposition chief ministers after failing to defeat them electorally.
“Wht a vicious circle! No guildelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!” he said in a post on X.
The Jammu and Kashmir Reorganisation (Amendment) Bill 2025 seeks to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to provide a legal framework for the removal of the Chief Minister or a Minister in case of arrest or detention in custody on account of serious criminal charges.
According to the statement on objects and reasons of the bill, elected representatives represent the hopes and aspirations of the people of India.
“It is expected that they rise above political interests and act only in the public interest and for the welfare of people. It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion,” the statement said.
It said that a Minister, who is facing allegation of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.
However, there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for removal of the Chief Minister or a Minister who is arrested and detained in custody on account of serious criminal charges.
“In view of the above, there is a need to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, for providing legal framework for removal of the Chief Minister or a Minister in such cases,” the statement said.
Section (5A) is sought to be inserted in the bill. As per section (5A) a minister, who for any period of thirty consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office, by the Lieutenant Governor on the advice of the Chief Minister to be tendered by the thirty-first day, after being taken in such custody.
The bill provides that if the advice of the Chief Minister for the removal of such Minister is not tendered to the Lieutenant Governor by the thirty-first day, he shall cease to be a Minister, with effect from the day falling thereafter.
The amendment also provides that in case of the Chief Minister, who for any period of thirty consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall tender his resignation by the thirty-first day after such arrest and detention. If he does not tender his resignation, he shall cease to be the Chief Minister, with effect from the day falling thereafter.
It also provides that nothing in this sub-section shall prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the Lieutenant Governor, on his release from custody, as per sub-section (1).”
Notably, the Monsoon Session of the Parliament will conclude on August 21. (ANI)
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