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.

• 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.

What is the role of the Chairman of the Rajya Sabha in case of arrest of a Union Minister?

The Chairman of the Rajya Sabha must inform the Council if the House is in session. In case the House is not in session, the Chairman will get the information published in a bulletin or gazette for the knowledge of the members of the House.

As per law, if an arrest is to be made at the premises of the Parliament, the Chairman’s approval is needed. In Rane’s case, there was no need to seek approval from the Chairman of the Rajya Sabha since the House was not in Session. The Session was concluded on August 19, 2021.

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.

Who is granted immunity from arrest in India?

The President of the Republic (India) and Governors of the States are the only governmental figures who are immune from civil and criminal proceedings and are offered protection from arrests through the Constitution until their term is over, as per Article 361 in The Constitution Of India 1949.

In India, the Prime Minister can also be arrested if a criminal case is filed against him or her.