What happens if a Chief Minister is arrested?

By Editorji News Desk
Published on | Nov 03, 2023

Kejriwal to be arrested?

A Chief Minister's arrest in India is uncommon but possible. Delhi CM Arvind Kejriwal faces a similar possibility in the liquor scam case.

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No Indian laws protect CMs, or Prime Ministers, from arrests. However, Article 361 of the Constitution shields the President and state governors.

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If arrested while being investigated, a CM does not have to step down. They can continue working from prison, News18 reported citing experts.

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An arrested CM, however, may need to delegate some responsibilities to another minister. This includes tasks like organising cabinet meetings.

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India’s law says no elected official should be disqualified unless they are given a two-year jail time or more for any crime.

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Has it happened before?

Jayaram Jayalalitha, former Chief Minister of Tamil Nadu, was the first sitting Indian CM to be convicted. As a result she was disqualified.

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