Jammu, Aug 19: J&K is waiting with bated breath!
Reason, in the backdrop of “political cacophony about the restoration of statehood”, the Prime Minister Narendra Modi-led government is going to introduce “The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025” in the Lok Sabha tomorrow, August 20, 2025.
Union Home Minister Amit Shah will introduce it in the House.
Contrary to speculations, which flew thick and fast Tuesday evening after some national newspapers, sought to link the amendment to “purported move to restore statehood or initiate the process”, the intent of bill as per “Statement of objects and reasons” is to provide “legal framework for removal of the Chief Minister or a Minister” in the event of their “arrest” in case of serious criminal offences.
The power to remove the Minister(s) in such cases is vested in the Lieutenant Governor (on the advice of the Chief Minister).
However, the Chief Minister will himself tender his resignation within the period specified in the bill after such arrest and detention in a case of a serious criminal offence. And if he does not, he will cease to be the Chief Minister, with effect from the day falling thereafter.
However, such a Chief Minister or Minister can be subsequently appointed as the Chief Minister or a Minister by the Lieutenant Governor, on his release from custody.
Significantly, the bill will not be passed immediately as it will be sent to the Joint Committee of both Houses for wider deliberations.
WHY IS IT BEING BROUGHT
As per the statement of objects and reasons, explained by the Union Home Minister in the proposed bill, the elected representatives represent the hopes and aspirations of the people of India.
It is expected that they rise above political interests and act only in the public interest and for the welfare of people. It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion.
A Minister, who is facing an allegation of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.
However, there is no provision under the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) for the removal of the Chief Minister or a Minister who is arrested and detained in custody on account of serious criminal charges.
“In view of this, there is a need to amend section 54 of the Jammu and Kashmir Reorganisation Act, 2019, for providing a legal framework for the removal of the Chief Minister or a Minister in such cases. The Bill seeks to achieve the above objectives,” the Union Home Minister has explained.
BILL FORMS PART OF REVISED LS LIST OF BUSINESS
The bill, along with two related Bills i.e., “The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025” and “The Government of Union Territories (Amendment) Bill, 2025”, has been included in the item 1 of Government Business as the (revised) List of Business of Lok Sabha for Wednesday, August 20 and Thursday, August 21, 2025.
The Ministry of Parliamentary Affairs, in this connection, has made a request to the Lok Sabha Secretariat to include these three bills and some other agenda (items) in the (revised) List of Government Business.
Item two refers to the consideration of “Motion for referring “The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025” (and other two related bills also) to the Joint Committee of both the Houses, (after introduction of the Bills).
In this connection, the Union Home Minister notified his intention to the Lok Sabha’s Secretary General to move these Bills in the House (in the current session). Citing “paucity of time” and “unavoidable reasons”, he also requested some leniency vis-à-vis the procedures and rules of the Lok Sabha mentioned in Rule 19(A) and 19(B) to facilitate the proposal in the current session, likely to end on August 21, 2025.
As per the draft, the bill is aimed at further amending the Jammu and Kashmir Reorganisation Act, 2019. This Act may be called the Jammu and Kashmir Reorganisation (Amendment) Act, 2025. It will come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
AMENDMENTS PROPOSED IN THE ACT
In Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, after Amendment of sub-section (5), a sub-section (5A) will be inserted.
PROVISION IN CASE OF MINISTERS
It will provide that a “Minister, who for any period of thirty consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, shall be removed from his office, by the Lieutenant Governor on the advice of the Chief Minister.”
The advice is mandatorily to be tendered by the thirty-first day after being taken in such custody.
The Bill provides that if the advice of the Chief Minister for the removal of such a Minister is not tendered to the Lieutenant Governor by the thirty-first day, he will cease to be a Minister, with effect from the day falling thereafter.
PROVISION IN CASE OF CHIEF MINISTER
In case of the Chief Minister, who for any period of thirty consecutive days during holding the office as such, is arrested and detained in custody, on allegation of committing an offence under any law for the time being in force, which is punishable with imprisonment for a term which may extend to five years or more, will tender his resignation by the thirty-first day after such arrest and detention.
If he does not tender his resignation, he will cease to be the Chief Minister, with effect from the day falling thereafter.
The Bill, however, provides that “nothing in this sub-section will prevent such Chief Minister or Minister from being subsequently appointed as the Chief Minister or a Minister, by the Lieutenant Governor, on his release from custody, as per sub-section (1).”
