Procedure To Arrest A Cabinet Minister In India

UPSC Mock Test

  • Union minister Narayan Rane was arrested after his statement against Maharashtra Chief Minister Uddhav Thackeray.


What is the procedure of arresting a Union minister? 

  • A Union minister or a Member of Parliament enjoys certain privileges but most of them are available when Parliament is in session. 
  • If Parliament is not in session, police or other law enforcement agencies may arrest a Union cabinet minister in a criminal case.
  • But, under Section 222A of the Rules of Procedures and Conduct of Business of the Rajya Sabha, the police or a judge issuing an arrest order is required to intimate the Rajya Sabha Chairman about the reason for and place of arrest. The Chairman gets it published in a Rajya Sabha bulletin.
  • A Union minister or an MP enjoys protection from arrest 40 days before the start of a Parliament session, during its sittings and 40 days after its conclusion.
  • So, under Section 135 of the Code of Civil Procedure, Narayan Rane has the protection from arrest in a civil case as Parliament’s Monsoon Session ended earlier the month.

Source : India Today

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