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What is the procedure to arrest a cabinet minister in India?

GS Paper-2: Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

 

Context:

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

 

So, 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.

 

Is there any protection available to Union ministers?

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 this month.

  • However, his arrest came in a criminal case. And, the protection from arrest does not cover criminal offences or preventive detention.

 

Insta Curious: 

Did you know that arrests cannot be made on the floors or premises of either House of the Parliament unless express permission from the presiding authority of the House — the speaker of Lok Sabha or the chairman of the Rajya Sabha? Reference: read this.

 

InstaLinks:

Prelims Link:

  1. About Collective Responsibility.
  2. Union Ministers- appointment and removal.
  3. Privileges.
  4. Breach of privileges.
  5. Procedure for arrests.

Mains Link:

Discuss about the Parliamentary Privileges available to Union Cabinet Ministers.

Sources: the Hindu.