Removal of Ministers upon Detention
( UPSC Prelims)
News Context
The Union Home Minister presented the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 in the Lok Sabha to address the removal of ministers when they are detained.
Key provisions of Constitution Amendment Bill, 2025
Grounds for Removal: A Union Minister, Chief Minister, State Minister, or Prime Minister can be removed if they are arrested and detained for a continuous period of 30 days for an offense that carries a punishment of 5 years or more imprisonment. The Bills suggest notable changes to Articles 75 (regarding Union Ministers), 164 (regarding State Ministers), and 239AA (regarding provisions for NCT Delhi) of the Indian Constitution.
Procedure for Removal:
• Union Ministers (excluding the Prime Minister): The President can remove a minister based on the Prime Minister's advice by the 31st day; if not, the minister automatically ceases to hold office.
• State Ministers (excluding the Chief Minister): The Governor can remove a minister based on the Chief Minister's advice.
• Delhi Ministers (excluding the Chief Minister): The President acts on the advice of the Delhi Chief Minister.
• Prime Minister / Chief Ministers: They must resign by the 31st day of being in custody; if they fail to do so, they are automatically removed.
• Reappointment: There is no restriction on being reappointed after being released from custody.