Jammu Kashmir Reorganisation (Amendment) Bill: Here is everything said in the bill

The Union government on Tuesday introduced the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025 in the Lok Sabha, proposing new legal provisions for the removal of the Chief Minister or any Minister of the Union Territory if they are arrested and detained for serious criminal offences.The Bill, moved by Union Home Minister Amit Shah, seeks to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to address what the government described as a “serious legal vacuum” in cases where elected representatives continue to hold ministerial office despite prolonged custody in criminal cases.

Key Provisions of the Amendment

The Bill, of which a copy is available with The Kashmiriyat, proposes that if a Minister is arrested and remains in custody for 30 consecutive days on allegations of committing an offence punishable with imprisonment of five years or more, the Lieutenant Governor (LG), acting on the advice of the Chief Minister, must remove the Minister from office by the 31st day.If the Chief Minister fails to advise removal within this period, the law mandates automatic disqualification.

The Bill also directly addresses the situation of the Chief Minister. In such cases, the Chief Minister will be required to tender resignation within 31 days of continuous custody. If they fail to do so, they will automatically cease to hold office from the following day.At the same time, the law clarifies that this disqualification is not permanent. “Nothing in this sub-section shall 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,” the draft legislation states.The Statement of Objects and Reasons attached to the Bill underlines the principle of constitutional morality and accountability in governance.“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,” the document notes.The government argues that allowing Ministers facing serious criminal charges to continue in office undermines public trust. “A Minister, who is facing 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,” the Bill states.Home Minister Amit Shah, introducing the Bill, said, “This amendment is necessary to ensure accountability in public life. No one, not even a Chief Minister, should continue in office if they are under prolonged custody on grave charges. The people of Jammu and Kashmir deserve clean and transparent governance.”Currently, the Jammu and Kashmir Reorganisation Act, 2019 contains no provisions for the removal of a Minister or the Chief Minister in such circumstances. This amendment seeks to fill that gap by creating a clear mechanism for disqualification during custody on serious charges.Government officials stressed that the measure is part of broader reforms aimed at strengthening democratic institutions in the Union Territory.“This Bill is about protecting constitutional trust. Ministers must be above any ray of suspicion,” a senior Home Ministry source said.

Opposition reacts

Opposition MPs in the Lok Sabha erupted into protest as the Bill was introduced. In a dramatic display, several MPs tore up copies of the legislation and hurled paper fragments at Home Minister Amit Shah, prompting the Speaker to suspend proceedings amid chaos.All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) MP Asaduddin Owaisi vocally denounced the Bill, accusing the government of trampling on democratic institutions. He decried it as a step toward a “police state,” comparing it to the oppressive Gestapo and warning that it undermines both separation of powers and the people’s right to choose their leaders freelyCongress MP Manish Tewari joined the condemnation, calling the Bill destructive to the Constitution’s basic structure. He highlighted how it flips the presumption of innocence on its head by equating unproven allegations with disqualification and makes investigating officers more powerful than the Prime Minister. Tewari said the law violates the right to life and personal liberty and distorts parliamentary democracyTewari’s colleague, KC Venugopal, engaged in a pointed exchange with the Home Minister over the moral integrity of the legislation. Venugopal questioned Amit Shah, “You have been arrested too as Home Minister of Gujarat. Why are you still the Home Minister of India?”