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Aug 20, 2025: The government will present a landmark Constitutional amendment Bill on Wednesday in an effort to make politics less of a criminal offense. This Bill would allow the Prime Minister, Union ministers, Chief Ministers, and state ministers to be removed from office if they are held for more than 30 days for any offense with a maximum penalty of five years in prison.

The Constitution (One Hundred and Thirty-Fourth Amendment) Bill, 2025, seeks to amend Articles 75, 164, and 239 AA of the Constitution in order to establish a framework for the legal removal of the Prime Minister or a minister in the Union Council of Ministers, as well as the Chief Minister or a minister in the states and the National Capital Territory of Delhi. The three bills—the first parent Bill to amend the Constitution, the Government of UTs (Amendment) Bill, 2025, which will introduce similar provisions in the union territories, and the Jammu and Kashmir Reorganisation Amendment Bill, 2025, which will introduce provisions for the removal of CMs and ministers under the jurisdiction of UT—will be presented by Home Minister Amit Shah.
Arvind Kejriwal, the former Delhi chief minister, has refused to resign despite being detained for months at Tihar Jail as part of the Delhi excise policy scam. The Tribune has viewed a copy of the Bill. The bills will be sent to a joint Parliamentary committee for more in-depth scrutiny.

According to the proposed bill, such PMs, CMs, or ministers can be reappointed after being released. "(5A) A minister, who for any period of 30 consecutive days while holding the office, 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 President on the advice of the PM to be tendered by the 31st day, after being taken in such custody," the Bill seeks to add to Article 75 of the Constitution The clause further says, "If the advice of the PM for the removal of such minister is not tendered to the President by the 31st day, he shall cease to be a minister, with effect from the day falling thereafter.

Further that in case of the PM, who for any period of 30 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 31st day after such arrest and detention, and if he does not tender his resignation, he shall cease to be the PM with effect from the day falling thereafter."

"Nothing in this clause shall prevent such PM or minister from being subsequently appointed as the PM or a minister by the President, on his release from custody, as per clause (1)," the clause continues. Similar amendments to Articles 164 and 239AA are proposed in the Bill to establish a legal framework for the removal of state chief ministers and ministers if they do not resign within 30 days.