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

Source: Indian Express

What is the News?

Union minister Narayan Rane was arrested over his statement on the Maharashtra Chief Minister. The arrest was called unconstitutional and was against the rules and procedures relevant to arresting ministers and Rajya Sabha members.

Procedure to Arrest a Cabinet Minister:

When Parliament is not in Session:
  • If Parliament is not in session, a cabinet minister can be arrested by a law enforcement agency in case of a criminal case registered against him. 
  • As per Section 22 A of the Rules of Procedures and Conduct of Business of the Rajya Sabha, the Police, Judge or Magistrate would have to intimate the Chairman of the Rajya Sabha about the reason for the arrest, the place of detention or imprisonment in an appropriate form.
  • The Chairman is expected to inform the Council if it is sitting about the arrest. If the council is not sitting, he/she is expected to publish it in the bulletin for the information of the members.
When Parliament is in Session:
  1. Members of both the houses of the Parliament enjoy some immunity from arrests when the parliament is in session.
  2. Under Section 135 of the Civil Procedural Code, in civil cases, they have freedom from arrest during the continuance of the House and 40 days before its commencement and 40 days after its conclusion. 
  3. The privilege of freedom from arrest does not extend to criminal offences or cases of detention under preventive detention.
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