Union Home Minister Amit Shah Moves to Strengthen Constitutional Morality, Good Governance in Union Territories; Bill Mandates Removal or Resignation for Offenses Punishable by 5+ Years Imprisonment
- Union Home Minister Amit Shah will today move the Government of Union Territories (Amendment) Bill, 2025, and the 130th Constitutional Amendment Bill, 2025, in Parliament, introducing a stringent legal framework for the automatic removal or resignation of Chief Ministers and Ministers in Union Territories if detained for 30 consecutive days for serious criminal offenses.
- The proposed amendment to Section 45 of the Government of Union Territories Act, 1963, mandates that a Minister detained for such a period (offence punishable by 5 years or more imprisonment) shall be removed by the President (on CM’s advice) or cease to be Minister; for a Chief Minister, it requires resignation or automatic cessation from office.
- The legislation, reflecting a zero-tolerance approach towards criminal conduct in public office, aims to uphold constitutional morality and public trust, filling a critical void where no existing provision currently allows for the removal of detained Chief Ministers or Ministers in UTs.
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Jammu, August 19, 2025: In a landmark legislative move aimed at fortifying accountability and integrity in public office across Union Territories, Union Home Minister Amit Shah today informed the Lok Sabha Secretariat of his intention to introduce the stringent Government of Union Territories (Amendment) Bill, 2025, alongside the 130th Constitutional Amendment Bill, 2025, during the ongoing Monsoon Session of Parliament. This pivotal legislation seeks to introduce a robust mechanism for the removal or resignation of Chief Ministers and Ministers in UTs if they are arrested and detained for prolonged periods on serious criminal charges, a provision conspicuously absent from the existing legal framework.
The proposed amendment specifically targets Section 45 of the Government of Union Territories Act, 1963. Its core provision mandates that any Minister who, for a continuous period of thirty days while holding office, is arrested and detained in custody for an offense punishable with imprisonment for a term of five years or more, shall be removed from office. For a Minister, this removal would be by the President, acting on the advice of the Chief Minister, which must be tendered by the thirty-first day of detention. Should the Chief Minister fail to tender such advice, the Minister would automatically cease to hold office from the day thereafter.
The Bill applies an equally strict standard to Chief Ministers themselves. If a Chief Minister of a Union Territory is arrested and detained for thirty consecutive days on allegations of committing an offense punishable by five years or more imprisonment, they shall be required to tender their resignation by the thirty-first day after such arrest and detention. Should they fail to resign, they would automatically cease to be the Chief Minister with effect from the day falling thereafter. Notably, the Bill does not preclude such a Chief Minister or Minister from being subsequently re-appointed to their respective positions by the President upon their release from custody, provided they are otherwise eligible.
The Statement of Objects and Reasons accompanying the Bill powerfully articulates its necessity. It highlights that elected representatives are expected to embody the “hopes and aspirations of the people,” acting solely in public interest. It emphasizes that the character and conduct of Ministers must be “beyond any ray of suspicion.” The absence of a clear provision for the removal of a Chief Minister or Minister facing serious criminal charges and detention is identified as a gap that could “thwart or hinder the canons of constitutional morality and principles of good governance,” thereby diminishing the constitutional trust reposed by the people in their elected representatives. The Bill thus seeks to achieve these crucial objectives of ensuring probity and accountability at the highest echelons of UT governance.
In a move underscoring the urgency of this legislation, Union Home Minister Amit Shah also formally requested the Lok Sabha Secretariat to relax certain procedural rules, specifically Rule 19(A) and 19(B), which mandate advance notice and circulation of bills to members before introduction. This request cites the paucity of time, with the current Monsoon Session of Parliament scheduled to conclude swiftly on August 21. Officials indicate that if this procedural relaxation is granted, these impactful amendments will be brought before the House for consideration as early as Wednesday, August 20. This decisive legislative push signals the Centre’s resolute commitment to fortifying governance standards in Union Territories, particularly in light of ongoing dialogues around accountability and administrative efficiency across the nation.
