The Union government will introduce the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 in the Lok Sabha on Wednesday, proposing a framework to remove the Chief Minister or ministers who are arrested and detained on serious criminal charges.
The bill, scheduled to be referred to a Joint Parliamentary Committee for detailed scrutiny, seeks to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, filling a gap in the current law regarding the removal of ministers facing serious criminal allegations.
Key Provisions
- Any minister arrested and detained for 30 consecutive days on charges of offences punishable with five years or more imprisonment shall be removed from office by the Lieutenant Governor on the advice of the Chief Minister.
- If the Chief Minister does not provide advice for removal by the 31st day, the minister will automatically cease to hold office from that day.
- The bill allows for the possibility of reappointment after the minister is released from custody, ensuring that due process and rights are preserved.
Objective and Rationale
According to sources, the amendment is aimed at strengthening accountability and maintaining constitutional trust. It recognizes that ministers detained for serious offences could hinder governance and erode public confidence in political institutions.
The bill reflects the government’s intent to ensure good governance and constitutional morality in the Union Territory of Jammu and Kashmir, establishing a clear legal framework for handling cases of criminal allegations against sitting ministers.
If passed, this amendment will provide a transparent mechanism for the removal of ministers, reinforcing public trust in the administration of the Union Territory.
