Can a Chief Minister be arrested by CBI? Explaining the legal provisions


In India, the Chief Minister plays an important role in leading the state government. They are selected for each state and sometimes for union territories (UT) under the central government. Currently, only Delhi NCT and Puducherry have Chief Ministers in union territories. According to the Constitution of India, the Governor is the legal head of the state, but the Chief Minister holds the actual executive power and leads the government.

According to the provisions of Cr.P.C, officials of the Central Bureau of Investigation (CBI) have the authority to arrest a person who resists the issuance of an arrest warrant. Officers have no discretion when it comes to applying the arrest warrant.

In specific cases where a government official such as a chief minister is to be arrested, the CBI can do so if they are accused of violating rules and procedural aspects. To do this, they must have sufficient grounds to believe that the accused will flee, tamper with evidence, or engage in activities that will help them avoid legal processes

This article provides information about important provisions of the Constitution of India. It discusses the special provisions related to the security of the President, Governors, and Lieutenant Governors. It also explains that they cannot be held accountable in court for any actions they take or any duties they perform in the exercise of their powers in their respective offices. Additionally, the article clarifies that the position of Rajpramukh no longer exists after the enactment of the State Reorganization Act.

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Therefore, the actual head of the state government, either the Chief Minister or the State Government’s official chief, is legally responsible for the actions taken by government officials under their authority. If the CBI arrests someone on other grounds that are not relevant to their official duties, they should only do so under their official authority. This is because the duties performed as Chief Minister are carried out in accordance with the Constitution of India, the laws of the Indian Union, rules, and regulations..

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