New Delhi: In an important step, Home Minister Amit Shah on Wednesday will carry forward a set of three bills to resign or remove in states/UTSs in the Prime Minister, Chief Ministers and Centers, if he has spent 30 days consecutive days under arrest or custody, on charges of allegations of imprisonment of five years or maximum imprisonment.However, such PM, CMS or ministers will not be prevented from detention by the President or Governor’s appointment by the President or Governor.Two days before the end of the monsoon session of Parliament, the time of amendments, and his implications caught political circles with surprise. The Representation of the People’s Act, 1951 provides for the disqualification of state assemblies and members of Parliament if they are convicted with a sentence of two years or more. Despite the period of punishment convicted for serious crimes such as corruption and drug trafficking is the result of disqualification.
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After his arrest, there was no bar on the ministers keeping in their offices: something that was appropriate on the ground that no one is punished until it is convicted. Till a few years ago, ministers and CMS, who faced arrest, resigned. But after his arrest continued in his positions after his arrest with many ministers late at the conference. SC recently demanded to restore the practice by forcing Tamil Nadu Minister Senthil Balaji to step down.Shah, in the statement of the causes of objects and bills, elected representatives say, who represent the hopes and aspirations of the people, are expected to work only in public interest and have character and conduct that is beyond any ray of doubt. The minister is facing criminal charge Obstruction of good governance, Shah says A minister, who is facing allegations of serious criminal offenses, arrested and detained, may fail or obstruct the canon of constitutional morality and principles of good governance and may eventually reduce the constitutional beliefs repeated by those, Union Minister Amit Shah said. The bill can be sent to the parliamentary panel for a detailed investigation of the provisions.The Constitution (one hundred and thirty -thirty amendments) tells the bill to the PM, if the arrest or custody is committed to a crime with a prison sentence for 30 days, which can increase for five years or more, then tender his resignation by the 31st day. “If he does not tender his resignation, he will then stop becoming PM with impact from the falling day,” it says. The same provision will apply in the case of a state or UT CM – later covered by two separate bills, government’s area (amendment) bills, 2025 and Jammu and Kashmir Reorganization (Amendment) Act, 2025, arrested for a crime directly for a crime for five years or more.Even in the Center and the States/UTS, ministers in the council of states will be bound by similar provisions. While a Union Minister will be removed from the post by the President on the advice of the PM, the state or UT ministers will be removed by the Governor on the advice of CM.In recent times, the then Delhi Chief Minister Arvind Kejriwal refused to resign after being arrested in the liquor ‘scam’ case and spent several months in jail. He stepped down only after he went on bail and nominated Atishi as CM.
