No Move on Jammu Kashmir Statehood, Centre Brings Bill for Removal of CM If Jailed for 30 Days

SRINAGAR: Contrary to widespread speculation, the Centre is not moving towards the restoration of statehood to Jammu and Kashmir for now. Instead, the government will introduce a bill in the Lok Sabha on Wednesday that provides for the removal of the chief minister or any minister of Jammu and Kashmir if they are arrested and detained on serious criminal charges for 30 consecutive days, according to reports appearing in the media.

According to media reports, Union Home Minister Amit Shah will move the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, alongside the Constitution (130th Amendment) Bill, 2025, and the Government of Union Territories (Amendment) Bill, 2025. The inclusion of the J&K bill on the legislative agenda had fuelled rumours that the government might be planning to restore statehood. However, these were dispelled once the text of the proposed legislation became available.

The bill seeks to amend Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, to establish a legal framework for the removal of a chief minister or minister if they are incarcerated for 30 days on allegations of committing offences punishable with imprisonment for five years or more.

The draft bill states: “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 to be tendered by the thirty-first day.”

It further provides that if the chief minister himself is arrested and detained for 30 consecutive days on similar charges, he will be required to resign by the thirty-first day, failing which he shall automatically cease to hold office from the following day.

However, the bill also includes a safeguard, clarifying that nothing will prevent such a chief minister or minister from being reappointed once released from custody.

The statement of objects and reasons accompanying the bill emphasises the importance of probity in public life. “The elected representatives represent the hopes and aspirations of the people of India. It is expected that the character and conduct of ministers holding the office should be beyond any ray of suspicion,” it states.

It adds that ministers facing allegations of serious criminal offences 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 government has argued that since there is no such provision in the 2019 Reorganisation Act, the amendment was necessary to ensure accountability and prevent misuse of office by leaders facing prolonged detention.

Officials quoted by news reports clarified that the bill is only being introduced at this stage and will be referred to a joint committee of Parliament for further scrutiny.

The move comes at a politically sensitive time, with Jammu and Kashmir’s political class repeatedly pressing for statehood since the abrogation of Article 370 in August 2019. While the introduction of the bill sparked speculation of a possible reversal of that decision, the provisions instead underline a focus on ensuring constitutional safeguards against ministers continuing in office while under custody.