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Can a sitting CM be arrested?

What are legal and constitutional provisions regarding arrest of a sitting CM ?



















The arrest of Delhi CM has raised the point of loopholes in Indian legal and constitutional system.

Let's understand what Indian Constitution say about arrest of a sitting CM and what if a arrested CM wants to run the Government from jail.

The arrest of Delhi CM Arvind Kejriwal has raised a constitutional debate. The such kind of arrest is not first in India. Earlier also the then sitting CM like Jayalalithaa (T.N), Lalu Prasad Yadav ( Bihar) and Jharkhand CM Hemant Soren has been arrested. 
The constitution provides immunity from arrest for act done while performing the duties to sitting President and Governor under article 361. But in case of sitting PM and CM there is no such or any other shielding provided by the constitution. PM and CM are treated equal to other citizens and here the constitution follows the equality before law and equal protection of law concept under article 14.
Therefore, a sitting CM or PM can be arrested. Yes, sitting CM can be arrested for investigation of allegations. Now, here comes another question that if a CM is arrested, will he or she be disqualified? The answer is that merely arrested does not make the disqualification. 
The representation of people act 1951 put conviction as the necessary condition for a sitting CM to be disqualified. So, if he or she will not be disqualify till proven guilty, Can he or she run the Government from jail?
It depends upon the CM that he wants to be continue as CM or not till the investigation is going on. Let's take example of the recent Delhi CM case. If he wants to remain CM, he can do so but practical challenges come here. Will the cabinet meeting be allowed in jail? How, he manage the law and order situations from jail. Definitely he has public mandate but administrative work, welfare activities and law and order must not be affected. So, if investigation run longer, he should resign. If he doesn't resign, then it is impractical to run the Government from jail. Then, here, in case of Delhi, comes the role of Lieutenant Governor. In this scenario the Lieutenant Governor can seek centre government intervention through recommending for implementation of President rule.
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