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The story so far: The Union government has introduced the 130th Constitutional Amendment Bill, under which a Minister will be removed from office if they are arrested and detained for 30 days in relation to a criminal offence.

The Bill seeks to amend Articles 75 and 164 of the Constitution that deal with the Council of Ministers at the Union and State level. It provides that a Minister, who has been arrested and detained for 30 consecutive days in relation to an allegation of committing an offence, which is punishable with imprisonment of at least five years, shall be removed from his/her office. They would be removed on the advice tendered by the Prime Minister/Chief Minister (PM/CM). If the PM/CM does not tender such advice, the Minister concerned shall automatically cease to hold office from the 31st day. If the PM/CM is arrested and taken into custody for 30 consecutive days, he/she shall tender his/her resignation on the 31st day. However, the PM, CM, or Minister can be subsequently appointed on being released from custody. It also seeks to amend Article 239AA with similar provisions for the National Capital Territory of Delhi. These amendments to the Constitution would require a two-thirds majority in both houses of Parliament for its passage. Similar amendments have been proposed to parliamentary laws that govern the Union Territories of Jammu & Kashmir and Puducherry. These Bills have been referred to a Joint Parliamentary Committee (JPC) for scrutiny.

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