Explained: what is the procedure to arrest a cabinet minister?

The BJP has said that the arrest of cabinet minister and Rajya Sabha MP Narayan Rane by Maharashta govt is against protocol and has questioned how can it issue a suo moto warrant against a union minister. Rane has been arrested for his controversial remark against Chief Minister Uddhav Thackeray.

If Parliament is not in session, a cabinet minister can be arrested by a law enforcement agency in case of a criminal case registered against him. However, as per Rajya Sabha rules the Police, Judge or Magistrate would, have to inform the Chairman of the Rajya Sabha about the reason for the arrest, the place of detention or imprisonment.

The Chairman is then expected to inform the House if it is sitting about the arrest or order the publication of same in the Rajya Sabha bulletin if the House is not in session.

Also, Rajya Sabha members have protection from arrest in civil cases if the House in is in session, and 40 days before its commencement and 40 days after its conclusion. The privileges don't extend to criminal cases or preventive detention.