Key Points

The three legislations, along with the Promotion and Regulation of Online Gaming Bill, 2025, are listed in the revised agenda of Lok Sabha for Wednesday.

The Union Home Minister is slated to introduce the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, to further amend the Constitution of India and the Government of Union Territories (Amendment) Bill, 2025, apart from the bill to amend the Jammu and Kashmir Reorganisation Act, 2019.

The three bills are slated to be referred to the Joint Committee of the two Houses.

Opposition members reacted sharply to the government's move to bring the bills in the revised agenda that was put out late evening, saying it is an attempt to distract attention from their protests over the Special Intensive Revision (SIR) of electoral rolls in Bihar.

The Jammu and Kashmir Reorganisation (Amendment) Bill 2025 seeks to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to provide a legal framework for the removal of the Chief Minister or a Minister in case of arrest or detention in custody on account of serious criminal charges.

According to the statement on objects and reasons of the bill, elected representatives represent the hopes and aspirations of the people of India.

"It is expected that they rise above political interests and act only in the public interest and for the welfare of people. It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion," the statement said.

It said that a Minister, who is facing allegation of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.

However, there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for removal of the Chief Minister or a Minister who is arrested and detained in custody on account of serious criminal charges.

"In view of the above, there is a need to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, for providing legal framework for removal of the Chief Minister or a Minister in such cases," the statement said.

Section (5A) is sought to be inserted in the bill. As per section (5A) a minister, who for any period of thirty 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 be removed from his office, by the Lieutenant Governor on the advice of the Chief Minister to be tendered by the thirty-first day, after being taken in such custody:

The bill provides 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.

The amendment also provides that in case of the Chief Minister, who for any period of thirty 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 thirty-first day after such arrest and detention, and if he does not tender his resignation, he shall cease to be the Chief Minister, with effect from the day falling thereafter:

It also provides that nothing in this sub-section shall prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the Lieutenant Governor, on his release from custody, as per sub-section (1).".

Congress leader Abhishek Manu Singhvi slammed the government over the provisions of the bill.

"Wht a vicious circle! No guildelines for arrest followed! Arrests of opposition leaders rampant and disproportionate. New proposed law removes incumbent #CM etc immly on arrest. Best way to destabilise opposition is to unleash biased central agencies to arrest oppo CMs and despite being unable to defeat them electorally, remove them by arbitrary arrests!! And no ruling party incumbent CM ever touched!!" he said in a post on X.

Party leader Gaurav Gogoi said the government is trying to divert attention from Rahul Gandhi's Vote Adhikar Yatra.

"The bills of Home Minister Amit Shah are nothing but a desperate attempt to divert the attention of the public away from the blistering Vote Adhikar Yatra of Shri Rahul Gandhi. First CSDS - BJP IT cell drama and now these bills. Clearly the winds of change are blowing in Bihar," he said in a post on X.

Trinamool Congress MP Derek O'Brien said Modi government is resorting to "stunts in the dead of night"

"In the dead of night, more stunts from the shaky 239 seat Modi coalition as they look for more ways to MOCK & DISRUPT PARLIAMENT," he said in a post on X.

The monsoon session of Parliament has witnessed continuous disruptions over the opposition demand for discussion on the SIR in Bihar.

- ANI