A person in jail cannot function as PM, CM or Minister: Amit Shah

Union Home Minister Amit Shah on Wednesday (August 20, 2025) said a person who was arrested and was in jail could not function as the Prime Minister, Chief Minister, or Minister in the Union or State governments.

In a series of posts on X, Mr. Shah said that on the one hand, Prime Minister Narendra Modi had introduced a constitutional amendment to bring himself into the ambit of law and on the other hand, under the leadership of the Congress, the entire Opposition had opposed the Bills to remain above the law and run governments from jail, thereby clinging to power. 

“The nation also remembers the time when, in this very august House, then Prime Minister Indira Gandhi ji, through Constitutional Amendment No. 39, granted special privilege to the Prime Minister, ensuring that no legal action could be taken against her,” Mr. Shah said.

Earlier in the day, Mr. Shah introduced three Bills in the Lok Sabha to provide legal framework for removal of the Prime Minister, Union Ministers, Chief Ministers and Ministers in States and union territories who are “arrested and detained in custody on account of serious criminal charges.”

“Moral standards”

He stated that on account of the Modi government’s commitment to restoring moral standards in politics and in view of the public resentment towards the menace, he tabled the constitution amendment Bills that would prevent people from holding important constitutional positions while in jail.

“When the Constitution was framed, its makers could not have imagined that in future, political leaders would refuse to resign on moral grounds even after being arrested. In recent years, the country has witnessed shocking instances where chief ministers or ministers continued to run governments from jail without resigning,” he said.

The Home Minister added that the Bills provide that an accused politician must obtain bail within 30 days of arrest. “If they fail to secure bail within 30 days, then on the 31st day, either the Prime Minister or the Chief Minister will have to remove them; otherwise, by law, they will cease to remain eligible to function. Once granted bail through due legal process, such leaders may be reinstated to their positions,” he said.

Personal remark

Mr. Shah said a Congress leader made a personal remark against him in the Lok Sabha on Wednesday (August 20, 2025), saying that when the Congress trapped him in a completely fabricated case and arrested him, he did not resign. “I want to remind the Congress that I had resigned even before being arrested. I did not hold any constitutional position, even after being released on bail, until the court fully acquitted me. The fake case against me was dismissed by the court with the clear observation that it was motivated by political vendetta,” the Minister said. 

The Home Minister said the BJP and the NDA had always stood for moral values. L.K. Advani too had resigned from his post merely on the basis of allegations. “The very same Lalu Prasad against whom the Congress had once brought an ordinance is now being embraced by Rahul Gandhi at Gandhi Maidan in Patna. The people clearly understand this double standards,” he said.

Mr. Shah said it was already made clear that the Bills would be referred to the Joint Parliamentary Committee for a detailed discussion, yet the entire Opposition united to oppose it in a disgraceful manner to shield corruption. “Today the Opposition stands completely exposed before the people,” he said.