Chief Minister’s Arrest & Constitutional Provisions

This detention of Delhi’s Chief Minister has garnered attention due to its potential impact on the electoral process, especially in the context of the upcoming Lok Sabha election.

Legal Immunity 

• According to Article 361 of the Indian Constitution, the President of India and Governors of states and Union Territories are granted immunity from civil and criminal proceedings throughout their terms.
• This means they cannot be sued or prosecuted for actions taken in the course of their official duties.
• Limitations of Immunity: Unlike Presidents and Governors, Prime Ministers and Chief Ministers do not enjoy legal immunity.
  • They are subject to the principle of equality before the law, meaning they can be sued or prosecuted like any other citizen. However, arrest alone does not lead to disqualification from office.
  • The Indian Constitution does not explicitly address whether a person can remain Chief Minister while in remand. However, Section 8(3) of the Representation of People Act, 1951, stipulates that a Member of the Legislative Assembly (MLA) or Member of Parliament (MP) can face disqualification if convicted and sentenced to at least two years in prison.
  • In short, disqualification only occurs if they are convicted of a crime.

Grounds for Removal of a Chief Minister: 

• Mere arrest is not enough for removal.
• A Chief Minister (CM) is primarily a Member of the Legislative Assembly (MLA), thus subject to MLA disqualification criteria, such as holding an office of profit, unsound mind declaration, charge-sheeting, bankruptcy, loss of citizenship, or Anti-defection Law violation.
• Removal can also occur if the CM loses majority support or faces a no-confidence motion in the legislative assembly.
• For Delhi, specific provisions apply:
• Article 239AA: President appoints CM and they hold office at the President's pleasure.
• Article 239AB: President, upon LG's report of constitutional machinery failure, can suspend the legislative assembly and remove the CM.