Parliament is set for a fiery debate as the government introduces the Jammu & Kashmir Reorganisation (Amendment) Bill, 2025—a proposal that could topple Chief Ministers and Ministers who find themselves behind bars for a full month.
The amendment reshapes Section 54 of the Jammu & Kashmir Reorganisation Act, 2019, the law that came into being after the sweeping changes of August 2019 which dissolved Article 370, split the state, and redrew the political map into two Union Territories—Jammu & Kashmir and Ladakh.
Under the fresh draft, any Minister or even the Chief Minister who spends 30 continuous days in custody over offences carrying a minimum punishment of five years will lose their post. If the Chief Minister does not resign within 31 days, the seat will be declared vacant automatically. Ministers too will face the axe, with the Lieutenant Governor acting on advice from the Chief Minister.
Interestingly, the door is not bolted forever—once released, the same leader can be reappointed, if political tides allow.
The government insists the amendment is meant to reinforce “constitutional morality, good governance and public trust,” ensuring that those who hold power remain above suspicion. Union Home Minister Amit Shah underlined that the measure fills a crucial gap left by the 2019 Act, stressing that leaders facing serious criminal allegations cannot be allowed to sit comfortably in office while in jail.
A matching proposal is waiting in the wings at the national level. The Constitution (One Hundred and Thirtieth Amendment) Bill carries the same sword of accountability for Ministers, Chief Ministers, and even the Prime Minister, should they spend 30 days in detention in cases with penalties of five years or more.
