BJP's Aparajita Sarangi to head JPC on Bill to remove jailed ministers

The Bill, introduced by Home Minister Amit Shah, seeks automatic removal of the Prime Minister, chief ministers, or other ministers held in judicial custody for over 30 days in serious criminal cases

The Lok Sabha Secretariat on Wednesday confirmed that Bharatiya Janata Party (BJP) MP Aparajita Sarangi will head the Joint Parliamentary Committee (JPC) that will deliberate on the contentious Constitution (One Hundred and Thirtieth Amendment) Bill, 2025.

 

The Bill, introduced by Home Minister Amit Shah during the monsoon session of Parliament earlier this year, proposes that the Prime Minister, chief ministers, or ministers would automatically lose their office if they remain in judicial custody for 30 consecutive days in a case carrying a punishment of five years or more.

 

Shah also introduced the Government of Union Territories (Amendment) Bill, 2025, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, which seek to apply these provisions to the Union Territories of Puducherry and Jammu and Kashmir, respectively. All three will be assessed by the JPC.

 

The 31-member parliamentary panel includes four Opposition members, 15 from the BJP, 11 from National Democratic Alliance (NDA) allies, and one nominated member. From the Opposition, Supriya Sule (NCP–SP), Harsimrat Kaur Badal (Akali Dal), Asaduddin Owaisi (AIMIM), and Niranjan Reddy (YSRCP) have been named to the joint committee.

 

Major Opposition parties, including the Congress and Trinamool Congress, have chosen to stay out of the deliberations. The BJD and BRS have also opted not to join the panel.

What do the Bills aim to achieve?

The Bills, as mentioned earlier, seek to remove ministers with serious criminal charges from their constitutional positions. This would bring elected leaders on par with civil servants, who are suspended automatically upon arrest.

 

They state that a minister may be removed from office if charged with an offence punishable by imprisonment of five years or more and remains in custody for 30 consecutive days. The President, acting on the Prime Minister’s advice, must remove the minister by the 31st day of custody.

 

The provisions further specify that if no advice is given by then, the minister automatically ceases to hold office from the following day. The same process will apply at the state level, with the governor acting on the chief minister’s advice. A minister removed under these provisions may be reappointed after being released from custody.

 

Why has the Opposition opposed the Bill?

 

The Opposition has boycotted the Bill, calling it an “attack on federalism” and warning that it could be used for “political misuse.”

 

Meanwhile, an analysis by the Association for Democratic Reforms (ADR) of self-sworn affidavits of 30 current chief ministers (excluding Manipur, under President’s Rule) shows that 40 per cent have declared criminal cases against themselves. Of these, 33 per cent face serious charges, including attempt to murder, kidnapping, bribery, and criminal intimidation.