Protection is offered only to the President and Governors under the Article 361 of the Constitution. The Article says, “President and Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and duties.”
The Article 361(2) says: “No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.” It means after the term is over, criminal case can be initiated. However, the Chief Minister of a State is not immune from court proceedings. Best example is conviction of Tamil Nadu CM Jayalalithaa in neighbouring Bangalore.
Though not as a CM, Chandrababu Naidu can have privilege as a legislator, except in case of commission of a crime, the best example being the arrest of Revanth, who being an MLA indulged in bribing. Privilege extends to legislative functioning only. In JMM bribery case, a Constitution Bench of Supreme Court held that the privilege does not extend to the act of bribe-giving, even if it was done by a legislator.
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