Can Serving CM Be Arrested? What's The Rule Position!

The Delhi Liquor Scam is getting intense day by day with unexpected developments and shocking incidents. Days after Kavitha's custody, a serving Chief Minister was arrested by the Enforcement Directorate (ED) officials the other day. The development became the talk of the town.

Aam Aadmi Party (AAP) chief Arvind Kejriwal who is the serving Delhi Chief Minister was arrested. He has been ignoring the summons for some time due to various reasons. His arrest started a debate on what is the rule position on arresting the Chief Ministers and whether they can be arrested or not.

What the experts say is that Chief Ministers and Prime Ministers don't have any protection from getting arrested and they are like normal citizens as far as the arrest procedure is concerned. They can be arrested.

Only the Presidents and Governors have that protection from arrest. Under Article 361 of the Constitution, Presidents and Governors cannot be arrested as they are the constitutional heads. No civil or criminal proceedings can be initiated against them as long as they are in the office. After their tenure ends the proceedings can be initiated.

Besides offering protection, the Article also says that the Constitutional heads cannot be held liable for their actions during their stint with their respective offices.

On the other hand, it is said that there will be certain protection for the MPs. Many say that under Section 135 of the Civil Procedural Code Parliamentarians cannot be arrested either before or after 40 days of the Parliament session. However, the rules might not apply in criminal cases.