Framing Lens

This bill applies specifically to the government of Jammu and Kashmir. If you live in J&K, it means that if a minister in your UT 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 J&K government would not be able to remain in office beyond 30 days of continuous custody.
  • The Chief Minister of J&K 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 Jammu and Kashmir Reorganisation Act, 2019 to insert a removal mechanism for J&K ministers. A minister is required to be removed if two conditions are both met: accused of an offence carrying a maximum sentence of five years or more, and held in continuous custody for 30 days. Removal is executed by the Lieutenant Governor 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. The Chief Minister must resign by the 31st consecutive day of custody or ceases to hold office automatically. A minister removed under these provisions may be reappointed after release from custody.

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 Lieutenant Governor removes the minister on the advice of the Chief Minister, which must be given by the 31st consecutive day. If not given, the minister ceases to hold office automatically.
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 Bill Summary PRS Legislative Brief Bill Text (PDF)

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