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Parliamentary Panel Set to Back 30‑Day Custody Rule That Would Remove PMs and CMs

Adoption of the JPC report would allow the government to table the measure in the Monsoon Session, but final enactment still requires a two‑thirds majority in both Houses of Parliament.

Overview

  • The Joint Parliamentary Committee chaired by BJP MP Aparajita Sarangi is scheduled to adopt its report on July 17 and is widely reported to retain the clause that would remove a Prime Minister, Chief Minister or other minister after 30 consecutive days in custody for specified serious offences.
  • The Constitution (130th Amendment) Bill would apply to offences punishable with five or more years in prison and would let the President or a Governor remove a minister on advice or trigger automatic removal on the 31st day of detention if no advice is given.
  • Committee sources say the draft report will include recommended safeguards such as narrowing the list of covered offences and procedural checks intended to reduce the risk of politically motivated removals.
  • Passage in the Monsoon Session beginning around July 20 is possible only if the ruling NDA secures a special two‑thirds majority in both Houses, and although the alliance’s numbers have improved since last year it is not guaranteed to reach that threshold without outside regional support.
  • Opposition parties argue the measure violates the presumption of innocence, threatens federal balance and could destabilise non‑NDA state governments through extended detention, a concern that could trigger legal challenges and fast‑moving political consequences if the bill proceeds.