Shahin Akhtar
The Union Government, on 15 August 2025, introduced the Jammu & Kashmir Reorganisation (Amendment) Bill, 2025 in Parliament to enforce stricter accountability standards for the Chief Minister and Ministers of the Union Territory accused of major criminal offences.
The Bill seeks to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019 — the law that came into force after the abrogation of Article 370 and 35A, which had previously granted special status to the erstwhile State. The 2019 Act reorganised Jammu & Kashmir into two Union Territories, Jammu & Kashmir and Ladakh, and defined the governance framework for the region.
Under the proposed amendment, if the Chief Minister or any Minister is arrested and remains in detention for 30 consecutive days in connection with an offence carrying a punishment of five years or more, they will be removed from office. In the case of the Chief Minister, failure to resign within 31 days will result in automatic removal. For Ministers, the Lieutenant Governor will act on the Chief Minister’s advice to enforce the provision. However, the amendment leaves room for reappointment if the concerned leader is released from custody.
The Statement of Objects and Reasons underscores the importance of constitutional morality and public trust, stressing that elected representatives must remain beyond suspicion and conduct themselves with integrity. Union Home Minister Amit Shah said the amendment fills a gap in the existing law, providing a clear legal mechanism to address situations where public representatives facing serious charges continue to occupy high office.
The government also announced plans to extend similar provisions across the country through the Constitution (One Hundred and Thirtieth Amendment) Bill. This Bill would mandate the removal of Ministers, — including the Prime Minister or Chief Ministers —, who remain in custody for at least 30 days in cases involving offences with a minimum sentence of five years.
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