Legal experts give in-principle nod to bill to unseat jailed ministers

Legal experts representing the Law Commission of India, National Law University, Delhi, and the NALSAR University of Law, Hyderabad, on Wednesday in-principle approved the Constitution (130th Amendment) Bill, 2025 — which proposes removal of ministers, including the Prime Minister or chief minister, if detained for 30 consecutive days — before a parliamentary committee.

However, the experts along with some lawmakers sought clarifications from the joint parliamentary committee (JPC), which is reviewing three significant bills — The Constitution (130th Amendment) Bill, 2025; Jammu & Kashmir Reorganisation (Amendment) Bill, 2025; and the Government of Union Territories (Amendment) Bill, 2025— on their key aspects.

NCP(SP) lawmaker Supriya Sule said that the Opposition parties that had boycotted the panel should be called for deposition.

According to functionaries, some lawmakers flagged discrepancies in the proposed law, arguing that if MPs or MLAs are arrested, they would not lose their membership but a minister, as per the bill, would be stripped of post. A senior official said it was a key point of discussion in the JPC, headed by BJP lawmaker Aparajita Sarangi.

The three bills propose that a sitting minister, including PM or CM, can lose their position within a month if they are arrested or detained for 30 consecutive days over an offence that carries a jail term of five years or more. Tabled in the Lok Sabha during the last monsoon session, the bills were sent to the 31-member JPC comprising 21 members of the Lok Sabha and 10 from the Rajya Sabha.

Some lawmakers also questioned how “heinous crime” can be defined as the bills have not provided any clarity for the same. According to functionaries, the issue of habitual offenders, who might not be booked for an offence that entails punishment for 5 years, also came up for discussion. Some lawmakers maintained that there should be more clarity from the government on these aspects.

The meeting of the panel also touched upon the larger constitutional issue — what would happen if a ruling party refuses to appoint a substitute CM and challenge the law instead.

The JPC, officials said, will be seeking broader consultation and travel to different states to meet the elected state governments and other stakeholders. A senior functionary said that the panel will take a call regarding the demand to include Opposition parties for deposition.

During the Wednesday meeting, four eminent legal experts — Justice (Retd.) Dinesh Maheshwari, chairperson of the Law Commission of India, Anju Rathi Rana, member-secretary of the Law Commission, GS Bajpai, Vice Chancellor of NLU, Delhi and Sri Krishna Deva Rao, Vice Chancellor of NALSAR University — presented to the JPC.

The panel has now asked the experts to submit their detailed views in writing. JPC will meet again on January 22 to discuss further.

“The meeting lasted about three hours, and all MPs and members effectively expressed their views and asked their questions. After this, we will meet again in 15 days,” panel chief Aparajita Sarangi said.