The Jammu & Kashmir Reorganisation (Amendment) Bill, 2025, tabled in Parliament on 20 August 2025, has triggered intense national debate. It proposes one of the toughest accountability measures for the Chief Minister (CM) and Ministers of Jammu & Kashmir.
What the Bill Proposes
- Automatic Removal after 30 Days in Custody: If the CM or any minister is arrested and detained for 30 consecutive days on charges of serious crimes (punishable by five years or more), they must step down.
- Chief Minister: Required to resign by the 31st day of detention. If not, their office will be vacated automatically from the 32nd day.
- Ministers: The CM must advise the Lieutenant Governor to remove detained ministers. If no action is taken, the minister loses office automatically.
- Reappointment: Once released, the CM or minister can be reappointed, but only after clearing custody.
Why the Amendment?
The Bill amends Section 54 of the Jammu & Kashmir Reorganisation Act, 2019. The government argues it aims to:
- Strengthen constitutional morality
- Ensure good governance
- Prevent criminally accused leaders from clinging to power
- Restore public trust in politics
This amendment aligns with two other legislative proposals:
- Constitution (130th Amendment) Bill, 2025 – applies the same rule nationally to the PM, CMs, and ministers.
- Government of Union Territories (Amendment) Bill, 2025 – applies it to other UTs.
Latest Updates & Reactions (August 2025)
- Union Home Minister Amit Shah defended the move, calling it a “historic step to cleanse politics of criminalisation.” He argued that elected leaders should be held to at least the same standards as civil servants.
- Opposition parties, including Congress, National Conference (NC), and PDP, staged walkouts in Parliament, claiming the bill could be misused to topple governments by orchestrating arrests.
- AIMIM’s Asaduddin Owaisi warned that the law would be a “death knell for elected governments,” accusing the Centre of creating a “backdoor Emergency.”
- Legal experts remain divided: some say the bill could withstand judicial scrutiny as it focuses on accountability, while others fear it undermines the presumption of innocence until proven guilty.
- Kashmiri regional parties argue this is a direct attack on J&K’s political autonomy, already diminished since Article 370’s abrogation.
Support and Criticism
Supporters say:
- It closes a loophole where leaders could govern from jail.
- Helps decriminalize politics.
- Mirrors accountability rules already binding on civil servants.
Critics argue:
Opposition leaders insist the Centre is targeting non-BJP CMs like Arvind
Could be weaponised politically by arresting opposition leaders.
Risks creating a police state where agencies can topple governments.
FOR MORE BLOGS – beyondthepunchlines.com
Author: Team BTP
Add to favorites
