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SYLLABUS
GS-2: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Context:
Recently, the Union Home Minister introduced three bills in the Lok Sabha proposing the automatic removal of the Prime Minister, Chief Ministers and Union Ministers held on criminal charges.
More on the News
Bills Introduced
Rationale behind the bill introduction
Comparative table for all three bills and their provisions
Feature |
Constitution (130th Amendment) Bill, 2025 |
Government of Union Territories (Amendment) Bill, 2025 |
Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 |
Scope |
· Applies to the Prime
Minister, Chief Ministers of states, Union Ministers and any other Ministers
in the states and in Delhi. |
· Applies to the Chief
Minister and Ministers of Puducherry |
· Applies to the Chief
Minister and Ministers of Jammu and Kashmir |
Constitutional or Legal
Basis |
· It amends Articles
75, 164 and 239AA |
· It amends the Government
of Union Territories Act, 1963 |
· It amends the Jammu
and Kashmir Reorganisation Act, 2019 |
Grounds for Removal |
· A minister will be
removed if he is accused of an offence punishable with imprisonment of five
years or more and has been detained for 30 consecutive days |
· Same as Constitution
Amendment Bill |
· Same as Constitution
Amendment Bill |
Authority for Removal |
· Prime Minister and
Union Ministers: President on the advice of the Prime Minister. · State Ministers: Governor on the advice
of the Chief Minister. · Delhi Ministers: President on the
advice of the Chief Minister |
· The President on the
advice of the Chief Minister |
· Lieutenant Governor on
the advice of the Chief Minister |
Removal of PM or CM |
· Prime Minister or Chief
Minister must resign by the 31st day of custody. · If not, office ceases
from the 32nd day |
· Chief Minister must
resign by the 31st day of
custody. · If not, office ceases
from the 32nd day |
· Chief Minister must
resign by the 31st day of
custody. · If not, office ceases
from the 32nd day |
Automatic Vacancy |
· If no resignation or
advice is given by the 31st day, office falls vacant on the 32nd
day |
· Same provision |
· Same provision |
Reappointment |
· A minister may be
reappointed after release from custody |
· Same provision |
· Same provision |
Significance of the Introduced Bills
Source:
NCERT Books
Resources
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