Amit Shah to Table J&K Bills on Removal of CMs and Ministers in Custody
Union Minister Amit Shah in Rajya Sabha Image credit Sansad TV
Centre to Table J&K and Union Territory Bills: CMs, Ministers to Lose Office After 30 Days in Custody
By TRH Political Desk
NEW DELHI, August 19, 2025: Home Minister Amit Shah will introduce two significant pieces of legislation in Parliament on Wednesday— the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 and the Government of Union Territories (Amendment) Bill, 2025. Both bills seek to strengthen accountability by laying down a clear legal process for the removal of Chief Ministers and Ministers if they are arrested and detained on serious criminal charges.
Under the proposed provisions, any Minister who remains in custody for 30 consecutive days while holding office, on allegations of committing an offence punishable with imprisonment of five years or more, will be removed from office.
For Chief Ministers, the amendment mandates that they must resign by the 31st day of custody. If they fail to do so, they will automatically cease to hold office from that day. The removal will be formalised by the President (for UTs) or the Lieutenant Governor (for J&K) based on the Chief Minister’s or equivalent advice in case of Ministers.
The Government of Union Territories (Amendment) Bill, 2025 inserts a new sub-section into Section 45 of the Government of Union Territories Act, 1963. It specifies:
- A Minister detained in custody for 30 consecutive days shall be removed from office by the President, upon the Chief Minister’s advice, by the 31st day.
- A Chief Minister in such circumstances must tender resignation by the 31st day; failing which, he automatically ceases to hold office.
- Importantly, the law does not bar such leaders from being reappointed as CM or Minister once released from custody.
Similarly, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 mirrors this framework to cover the Union Territory’s governance structure, closing a legal gap left in the 2019 law.
The Statement of Objects and Reasons underlines the need to uphold constitutional morality, safeguard public trust, and prevent governance paralysis when leaders are under prolonged detention for grave charges.
If passed, these amendments will mark a major step in codifying accountability provisions for elected representatives in Union Territories and Jammu & Kashmir. The bills are coming before parliament amid wide speculations for weeks that the Centre may finally restore the full statehood to Jammu and Kashmir. But the two bills listed for tomorrow don’t mention the restoration of the statehood for the Union territory of Jammu and Kashmir.
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This seems to be the final step to be another China & the last but one effort to be another North Korea
This seems to be the final step to be another China & the last but one step to be another North Korea