Can CBI arrest a sitting CM? Rules, procedures and immunity to chief ministers – EXPLAINED

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Key Points

While Delhi Chief Minister and national convener of the Aam Aadmi Party (AAP) Arvind Kejriwal was being quizzed by the Central Bureau of Investigation (CBI) on Sunday in connection with the same Delhi excise policy case in which former deputy Chief Minister Manish Sisodia is currently under arrest, his party called for an emergency meeting..

According to PDT Achary, former Lok Sabha secretary general, under the Constitution, immunity from arrest in both civil and criminal matters is provided only to the President and governors, who cannot be arrested even in criminal offences while they are in office..

In the case of arresting a chief minister, the CBI can arrest a person who is accused, while adhering and in compliance with certain rules and procedural aspects..

Therefore, the Chief Minister or de facto head of state government is treated legally, under the capacity of a government official, who can be arrested by the CBI on other grounds which are not relevant to their discharge of official duties since, duties carried out as Chief Minister have been executed in accordance to the Constitution of India, laws, rules and regulations of the Union of India...

Jayaram Jayalalitha, one of Indias most controversial politicians with a unique persona, gained notoriety as she became the first sitting chief minister in the country to demit office and be arrested in connection with the disproportionate assets case..

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