Framing Lens

This bill applies specifically to the government of Puducherry. If you live in Puducherry, it means that if a minister in your government — including the Chief Minister — is arrested and held in custody for 30 consecutive days while accused of a crime that could carry a prison sentence of five or more years, they would be required to leave office. They could be reappointed to the same position after being released.

What Could Change
  • A detained minister in the Puducherry government would not be able to remain in office beyond 30 days of continuous custody.
  • The Chief Minister of Puducherry would be required to resign within 30 days of detention or automatically cease to hold office.
  • A minister removed this way could return to office after being released from custody.

What It Does

The Bill amends the Government of Union Territories Act, 1963, which establishes the Legislative Assembly and Council of Ministers for Puducherry. It inserts a removal mechanism for Puducherry ministers. A minister is required to be removed if two conditions are both met: the minister is accused of an offence carrying a maximum sentence of five years or more, and the minister has been in continuous custody for 30 days. Removal is executed by the President on the advice of the Chief Minister, which must be given by the 31st consecutive day. If the Chief Minister does not give that advice within the deadline, the minister ceases to hold office automatically from the following day. The Chief Minister must resign by the 31st consecutive day of custody; if they do not, they cease to hold office automatically from the following day. A minister removed under these provisions may be reappointed to office after release from custody. This Bill was introduced on the same date as two companion bills: the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which applies the same framework to central and state governments and the UT of Delhi, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, which applies the same provisions to the J&K government.

Key Provisions

Grounds for Removal
A minister is subject to removal if accused of an offence with a maximum sentence of five years or more and has been held in continuous custody for 30 days.
Removal Procedure for Ministers
The President removes the minister on the advice of the Chief Minister, which must be given by the 31st consecutive day in custody. If not given, the minister ceases to hold office automatically from the following day.
Chief Minister Obligation
The Chief Minister must resign by the 31st consecutive day of custody or ceases to hold office automatically from the following day.
No Bar on Re-appointment
A minister removed under these provisions may be reappointed to ministerial office after being released from custody.

Primary Sources

PRS Legislative Research — Bill Tracker Sansad Digital Portal — Lok Sabha

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