Bill to Remove Ministers on 30-Day Detention Nears Adoption by House Panel on July 17

The Joint Parliamentary Committee (JPC) examining the controversial 130th Constitution Amendment Bill is expected to adopt its report on July 17. The bill proposes automatic removal of the Prime Minister, Chief Ministers, or other ministers from office if they are arrested and detained in custody for 30 consecutive days for serious offences. Sources indicate that while the most contentious clause will likely be retained, the committee may include recommendations to prevent misuse for political vendetta.

The bill is set to be taken up in the Monsoon session of Parliament, which is expected to begin on July 20, for consideration and passage.

Union Home Minister Amit Shah introduced the bill in August last year. A 31-member JPC chaired by Aparajita Sarangi was constituted to examine it. Most opposition members from the INDIA bloc, including the Congress, boycotted the committee, arguing that participation was futile as the ruling party would override their concerns.

Members from the ruling coalition rejected opposition arguments that the provisions are undemocratic, anti-federal, and violate natural justice by punishing based on custody rather than conviction. The treasury benches argued that 30 days allow sufficient opportunity to seek bail at least three times, thus not violating natural justice.

However, sources said that members across the spectrum—ruling coalition MPs, opposition, and neutrals—agreed that the draft should include safeguards to avoid misuse. The committee is also expected to recommend restricting the nature of crimes for which the law can be invoked, rather than keeping a broad ambit.

Opposition MPs in the JPC are likely to submit a dissent note. The panel is dominated by the BJP and its NDA allies, but includes AIMIM’s Asaduddin Owaisi, NCP (SP)’s Supriya Sule, and YSRCP’s Niranjan Reddy Sirgapore.

The Constitution (130th Amendment) Bill, 2025 seeks to remove a minister if accused of an offence punishable with five or more years of imprisonment and detained for 30 consecutive days. Removal can be effected by the President or Governor on the advice of the Prime Minister or Chief Minister, or automatically on the 31st day of detention.