New Bill Aims to Enforce Resignation of Ministers in Serious Criminal Cases

Proposed Legislation for Political Accountability

The central government is set to introduce significant legislation aimed at enhancing political accountability. A new bill is scheduled for presentation in Parliament on Wednesday, mandating that if the Prime Minister, Union Minister, Chief Minister, or any Minister from Union Territories is arrested or detained in serious criminal matters, they must resign.

Under this proposed legislation, any public official who remains in custody for a continuous period of 30 days will be required to resign by the 31st day. If they fail to do so, they will be automatically removed from their position. Previously, the Constitution only allowed for the removal of public representatives upon conviction. This new bill seeks to address that gap, enabling preemptive action in cases where the sentence for the alleged crime is at least five years. Such offenses will encompass severe crimes like murder and extensive corruption.

This bill is one of three significant proposals slated for discussion in Parliament, alongside the Government of Union Territories (Amendment) Bill 2025 and the Constitution (130th Amendment) Bill 2025. All these proposals are expected to be sent to a parliamentary committee for thorough examination.

Home Minister Amit Shah is set to present the proposal in the Lok Sabha. This initiative will involve amendments to Articles 75, 164, and 239AA of the Constitution, which pertain to the appointment and duties of ministers at the central, state, and union territory levels.

While there has been no official response from the opposition regarding this matter, a meeting has been convened for Wednesday morning to discuss it. Typically, ministers resign prior to arrest to prevent disruption in governance; however, there have been notable exceptions, such as Aam Aadmi Party leader Arvind Kejriwal, who managed to govern from jail for approximately six months following his arrest in the Delhi Excise Policy case.