Union Home Minister Amit Shah has introduced three significant bills in the Lok Sabha on Wednesday, seeking far-reaching changes to the Constitution. The bills aim to provide that a sitting Prime Minister, Chief Minister or Minister will lose office automatically if arrested or detained for 30 consecutive days on account of a criminal offence punishable with five years’ or more imprisonment.
The step, potentially redefining accountability for lawmakers, will trigger heated discussion in Parliament as the Monsoon Session is to conclude on August 21.
What are the Three Important Bills introduced by Amit Shah
As per the order of government business in the Lok Sabha, the Centre will table:
- The Constitution (130th Amendment) Bill
- The Jammu & Kashmir Reorganization (Amendment) Bill
- The Government of Union Territories (Amendment) Bill
A motion would also be moved to refer the bills to a Joint Parliamentary Committee (JPC) following their introduction.
What the Constitution Amendment Bill Proposes
A draft of the Constitution (130th Amendment) Bill, adds a new clause 5(A) to Article 75. It reads:
- A Minister arrested and held in detention for 30 days for an offence carrying a sentence of at least five years’ imprisonment will be removed from office by the President on the advice of the Prime Minister within the 31st day.
- In case the PM does not advise removal, the Minister shall automatically go out of office from the following day.
Special Clause for Prime Minister
- The legislation also makes the rules stricter for the Prime Minister:
- If the PM is arrested and held in jail for 30 days in such a situation, he/she will be required to resign on the 31st day.
- If no resignation is offered, the PM will be deemed to have ceased to be in office.
- The same stipulations will be made about Chief Ministers and Ministers in states and Union Territories.
- Notably, the bill stipulates that a Prime Minister, Chief Minister, or Minister who has been dismissed can be reappointed on release from prison.
Why the Amendment Was Necessary
At present, the Constitution does not provide for a Minister to be removed solely because of detention or arrest. MPs or MLAs alone lose membership — and thus their ministership — if convicted for two years or more.
The Constitution Amendment Bill aims to amend Articles 75, 164, and 239AA of the Constitution. Meanwhile, the Union Territories Bill seeks changes to Section 45 of the Government of Union Territories Act, 1963, and the Jammu & Kashmir Reorganisation Bill proposes amendments to Section 54 of the Jammu and Kashmir Reorganisation Act, 2019.
The bill’s statement of objects and reasons says:
Elected representatives are symbols of hopes and dreams of the people of India. A minister who is seriously accused of crimes, arrested and taken into custody, can impair constitutional morality and good governance and lead to erosion of public confidence. But there is no provision in such a situation for their removal.
Opposition Concerns and Political Debate on three important bills introduced by Amit Shah
The Opposition has been concerned that the bill could be used to destabilize governments by facilitating politically motivated arrests of opposition leaders.”.
In the last five years, some sitting Chief Ministers like Arvind Kejriwal (Delhi) and Hemant Soren (Jharkhand) were arrested by central agencies, with Opposition leaders crying foul of political vendetta.
Congress MP Abhishek Manu Singhvi responded strongly, stating:
“What 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!!”
Impact on Governance
If approved, the bills will establish a whole new paradigm of law for accountability of Ministers at the Centre and in States/UTs. While its proponents say it will maintain integrity in public office, critics worry that it would be used as a political weapon.
With only two days remaining in the Monsoon Session, the debate on the bills is likely to be one of the most important political confrontations in Parliament.
Online Gaming Bill on Agenda
Electronics and IT Minister Ashwini Vaishnaw is set to introduce the Promotion and Regulation of Online Gaming Bill, 2025 during the ongoing Parliament session.
The proposed legislation seeks to:
- Ban money-based online games, particularly those operating across state or international boundaries.
- Protect youth and vulnerable groups from the psychological, social and financial risks linked to such games.
- Ensure financial system integrity and promote responsible use of digital platforms.
- Establish a national regulatory authority to oversee the online gaming sector, including e-sports and educational games.
- Promotion of esports under this bill esports will recognise as a competitive sport in India.
- The Sports Ministry will set guidelines for tournaments, training academies, research centres, and tech platforms, along with incentives, awareness drives, and integration into national sports policy.
Offences and Penalties of Online Money Games
- The bill recommends three years’ imprisonment and/or fine of ₹1 crore for organizations involved in or enabling online money gaming.
- Promoting these games will also invite a fine of ₹50 lakh or a harsher penalty of two years’ imprisonment.
- Any monetary transactions associated with games of money could attract a maximum sentence of three years in jail and/or a maximum fine of ₹1 crore.
- A second-time offender would incur higher punishments, such as imprisonment for 3-5 years and fine up to ₹2 crore.
Minister Vaishnaw has emphasized that the government’s objective is to maintain an open, safe, and accountable internet. He also highlighted that online gaming is already under a taxation framework, with 30% income tax on winnings (from FY 2024-25) and 28% GST (since October 1, 2023).
