Power of the governor of a state

State the facts.. 

You might have seen from the  WB State Narada scam that Hon.'ble Governor has permitted CBI to arrest the minister and not MLA. and some SC judgments were quoted. In another southern state, MP was arrested and was allegedly subjected to Third degree as reported to SC.  Both cases are running cases reported in to-days news papers.

Exactly my queries are on this matter. The Governor has signed the order allowing the CBI to arrest the four accused in the Narada scam who are members of the State Council of Ministers and also members of the State Assembly. My queries are (a) can the Governor sign such order and is it within the powers vested by the Constitution of India, (b) by not taking permission of the Speaker of the Assembly to arrest members of the House, it there an infringement of the law?

Designated ministers comes under Governor authority. whereas MLAs comes under speaker authority. The governor opined that the available documents and evidence was enough to show that a prima facie case was made out against the two ministers and granted sanction for their prosecution under section 197 of Cr.p.c. as similar case happened in the year 2014 in M. P. ministers case.

You have not properly read or understood the reports. Yes, the permission has been granted for prosecution. However, the arrest is a different issue.

No member of parliament shall be arrested in a civil case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha) and also when the House is in session.The authority shall also inform the speaker as soon as possible.

However,no such immunity is present in case of criminal offences.

It should be noted that no mla/mp can be arrested during the parliamentary proceedings,they can however get arrested outside the parliament in case of criminal offences.

There is no separate procedure for convicting MLAs, MPs or even CMs and PMs. They are all tried by criminal courts, same as ordinary citizens.

The only person who cannot be tried by a normal criminal court is the President of India. He can only be tried by Parliament in impeachment proceedings. Though no such instance has ever happened, the Constitution lays down the procedure to be followed in the event of impeachment proceedings of the President.

Governor can allow / sanction prosecution of MLA u/s 197 Cr PC.