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Centre to Table Bill in Lok Sabha Seeking Removal of CM, Ministers in Jammu and Kashmir if Jailed for 30 Days

New Delhi, August 20 — The Union government will introduce the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 in the Lok Sabha on Wednesday, seeking to provide a legal framework for the removal of the Chief Minister or any minister who is arrested and detained in custody for 30 consecutive days on serious criminal charges.

The Chenab Times has learnt that the bill will only be introduced in the lower house and is scheduled to be referred to a Joint Parliamentary Committee for detailed scrutiny. The amendment has been proposed to Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, which currently lacks such a provision.

As per the draft bill, a minister who is arrested and detained for 30 consecutive days on allegations of committing an offence punishable with imprisonment of five years or more “shall be removed from his office” by the Lieutenant Governor, on the advice of the Chief Minister, to be tendered by the 31st day after being taken into custody.

According to the text, “Provided that if the advice of the Chief Minister, for the removal of such Minister is not tendered to the Lieutenant Governor by the thirty-first day, he shall cease to be a Minister, with effect from the day falling thereafter.”

In the case of the Chief Minister facing similar charges and custody, The Chenab Times has further gathered that the amendment mandates the resignation of the Chief Minister by the thirty-first day after arrest. Failing this, the Chief Minister will automatically cease to hold office.

The Statement of Objects and Reasons attached to the bill explains that elected representatives embody the hopes and aspirations of the people and must remain above suspicion. It notes that a minister facing allegations of serious offences, if allowed to continue in office while in custody, could erode constitutional morality, principles of good governance, and the trust reposed in them by the people.

As per information available with The Chenab Times, the bill also clarifies that removal under this framework will not prevent such a minister or Chief Minister from being reappointed after release from custody.

Union Home Minister Amit Shah, in the statement, said the amendment is intended to strengthen accountability in public office and safeguard constitutional trust.

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