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Tags Current Affairs

Procedure to arrest a cabinet minister

Date: 26 August 2021 Tags: Bills & Laws

Issue

Multiple FIRs have been registered against cabinet minister Narayan Rane in Maharashtra for his speech against Chief Minister of the state, Uddhav Thackeray.

 

Background

Narayan Rane had made a speech during his Jan Ashirvad rally, where he expressed to slap the Chief Minister for forgetting an important date during the Independence Day speech.

 

Details

Many BJP leaders have said that arresting a cabinet minister under suo motu cases goes against the protocol and is unconstitutional.

 

The procedure

  • A cabinet minister can be arrested if a criminal case is registered against him/her, when the Parliament is not in session.

  • Section 22 A of the Rules of Procedures and Conduct of Business of the Rajya Sabha says that the chairman has to be informed of the reason for arrest, place of imprisonment or detention.

 

The role of chairman

The council has to be informed about the arrest if the sitting is taking place. If there is no sitting, a bulletin has to be published for informing other members.

 

Privileges of Rajya Sabha member

  • A member of Parliament gets immunity from arrest 40 days before a session of the parliament and 40 days after the session in civil cases.

  • The immunity however does not extend to criminal cases or to cases where arrest is made under preventive detention.

  • Without prior permission of speaker or chairman of the house, arrest of a member or a stranger cannot be made from the precincts of the house.

  • A criminal or civil legal process cannot be served within the precincts of the house if the prior permission of speaker or chairman is not taken.

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