Section 222A of the Rules of Procedures and Conduct of Business of the Rajya Sabha

• Vaid's ICS, Lucknow
• 25, Aug 2021

Why in News?

Union minister Narayan Rane was  recently arrested after his statement against Maharashtra Chief Minister Uddhav Thackeray.

So, what is the procedure of arresting a Union minister?

A Union minister or a Member of Parliament enjoys certain privileges but most of them are available when Parliament is in session.

If Parliament is not in session, police or other law enforcement agencies may arrest a Union cabinet minister in a criminal case.

• But, under Section 222A of the Rules of Procedures and Conduct of Business of the Rajya Sabha, the police or a judge issuing an arrest order is required to intimate the Rajya Sabha Chairman about the reason for and place of arrest. The Chairman gets it published in a Rajya Sabha

Is there any protection available to Union ministers?

A Union minister or an MP enjoys protection from arrest 40 days before the start of a Parliament session, during its sittings and 40 days after its conclusion.

So, under Section 135 of the Code of Civil Procedure, Narayan Rane has the protection from arrest in a civil case as Parliament’s Monsoon Session ended earlier this month.

However, his arrest came in a criminal case. And, the protection from arrest does not cover criminal offences or preventive detention.

Facts for Prelims:

The Kola Peninsula:

The Kola Peninsula is a peninsula in the extreme northwest of Russia, and one of the largest peninsulas of Europe.