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No Conviction Needed, Amit Shah Bill to Let Governors Sack CM, Ministers After 30 Days in Jail

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Union home minister Amit Shah on Tuesday evening (August 19) wrote to the secretary-general of Lok Sabha notifying him that he intends to move the Constitution (130th Amendment) Bill, 2025, the Government of Union Territories (Amendment) Bill, 2025 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 in the ongoing monsoon session of the Parliament on Wednesday, August 20, The Wire has learnt.

The amendment allows the governors of states and lieutenant generals of Union territories to sack a chief minister or any state minister if they are detained in jail for 30 days, even if not convicted. The amendment also applies to the prime minister, giving the power to sack him or her to the president of India – though the possibility of a Union government law enforcement agency arresting the person who controls them and keeping them in jail for 30 days is zero.

To bring the new rule into force, Shah will move the Constitution (130th Amendment) Bill that seeks to amend Article 75 of the Constitution (‘Other provisions as to Ministers’) by inserting the following section:

“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 President on the advice of the Prime Minister to be tendered by the thirty-first day, after being taken in such custody:

“Provided that if the advice of the Prime Minister, for the removal of such Minister is not tendered to the President by the thirty-first day, he shall cease to be a Minister, with effect........

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