NEW DELHI: Delhi Chief Minister Arvind Kejriwal, whose Aam Aadmi Party came to power on the promise of providing corruption-free governance, has now been arrested by the Enforcement Directorate (ED) in connection with the excise policy case. Following his arrest on Thursday by the central agency after two hours of questioning, the 55-year-old AAP national convener became the first sitting chief minister to have been arrested in a criminal case. The ED’s move came hours after the Delhi High Court refused to grant Kejriwal protection from the central agency’s coercive action.
His arrest in the Delhi liquor policy case comes right ahead of the Lok Sabha Election 2024. It may be noted that the Delhi Chief Minister Kejriwal had skipped 9 back-to-back summons by the ED. The case pertains to alleged corruption and money laundering in formulating and executing the Delhi government’s excise policy for 2021-22, which was later scrapped. AAP leaders Manish Sisodia and Sanjay Singh are in judicial custody in the case.
In the wake of his arrest, Delhi Minister Aatishi – the No. 2 leader in the AAP rank – said that Kejriwal will not resign and will likely run the government from prison. Delhi Assembly Speaker Ram Niwas Goyal also said that he won’t resign.
Can Kejriwal Continue As CM From Jail?
Running office from behind bars is logistically impractical, but no law stops a Chief Minister from doing so. As per the law, a Chief Minister can only be disqualified or removed from office when he is convicted in any case. In the case of Arvind Kejriwal, he has not been convicted yet. The Representation of the People Act, 1951 has disqualification provisions for certain offences but a conviction of anyone holding the office is mandatory.
The Chief Minister can lose the top job under only two conditions – loss of majority support in the assembly or through a successful no-confidence motion against the government in power that the Chief Minister leads. Yet, running the government from behind bars won’t be easy for Kejriwal. Already, two of his former cabinet colleagues Manish Sisodia and Satyendar Jain are behind bars. Kejriwal, however, doesn’t have any portfolio in his cabinet.
What Are The Jail Guidelines?
While no law would stop the AAP leader from running the government from prison, the jail guidelines would make it extremely difficult. According to a former law officer of Delhi’s Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Kejriwal to carry out his responsibilities as Chief Minister.
Can L-G Recommend President’s Rule In Delhi?
Delhi’s power structure is unique having an elected Chief Minister and a Lieutenant Governor (L-G) who is picked by the Centre. Arvind Kejriwal needs to get relief from jail if he wants to continue as the CM. Or else, the L-G VK Saxena can involve the President of India seeking to suspend the operation of Article 239 AA, the Constitutional provision dealing with the National Capital Territory of Delhi. With CM behind bars, the L-G can say that the Delhi administration under him cannot discharge its duties.
In the recent past, many opposition leaders, arrested in different cases, had their bail denied, thus forcing them to resign. In the case of Tamil Nadu Minister Senthil Balaji, arrested by the ED in June 2023, the Madras High Court questioned how he could continue to be a minister after he was arrested. Balaji had to quit eight months after his arrest. Even Kejriwal’s former cabinet colleagues, Manish Sisodia and Satyendar Jain had to resign since both couldn’t get bail.
Thus, the LG can cite the ‘failure of constitutional machinery in the state,’ a strong reason for the President’s rule in Delhi under Article 239AB of the Constitution and pave the way for Arvind Kejriwal to resign. The President’s rule will bring that national capital under the Union government’s direct control. The current Delhi Assembly’s tenure ends in February 2025.
However, there is one more way that Kejriwal could carry on as Chief Minister. The Lieutenant Governor has the power to convert any building into a prison, and if Kejriwal can convince him to put him under house arrest – it would help him be a part of the Delhi government’s day-to-day functioning.
The Union Home Ministry is also reported to be examining the ramifications of Kejriwal not resigning and continuing as chief minister of Delhi. According to legal luminaries, the Centre may have to suspend or remove him from the post since he is a public servant. This is also the procedure that is followed for government officials who are arrested. They are immediately suspended from service, sources said.