Delhi Chief Minister Arvind Kejriwal while in Enforcement Directorate’s custody continued to exercise his authority. On March 24 he issued an official order, his first one from custody. The directive pertained to the water supply of the national capital, and it was conveyed by the Chief Minister through a memorandum to Delhi minister Atishi, who oversees the concerned portfolio. In the letter, Kejriwal asked the minister to issue appropriate orders to the Chief Secretary and other officials to ensure that the public does not face any kind of water shortages.
In wake of Kejriwal being arrested by the ED in the alleged liquor policy scam, and sent to its custody, there are significant legal and constitutional challenges that could arise if a sitting Chief Minister were to govern from behind bars. Similarly, there are logistical hurdles and functional limitations that would impede the effective functioning of the government under such circumstances. While it may be logistically impractical for a Chief Minister to effectively run their office from behind bars, there exists no legal barrier preventing them from doing so.
As Kejriwal is only an accused at this stage hence he can’t be barred from running the government from inside the custody. According to the law, a Chief Minister can only face disqualification or removal from office upon conviction in any case. As of now, Kejriwal has not been convicted. To run a government from inside jail is logistically extremely tough. Legally, there are no impediments on the possibility of setting up a camp office, which sounds highly impossible, but practically, convening a CM’s office from jail may lead to functional hassles.
In the long run, Kejriwal may want to appoint somebody as CM all the more because of Delhi’s unique system of governance where the Lieutenant Governor (LG) may want to intervene, in case the elected government fails to function properly. Chief Minister Lalu Prasad Yadav appointed his wife as his successor after he had to step down in 1997 after being named in the Bihar fodder scam. A recent example is that of Hemant Soren who resigned as the Jharkhand CM before being arrested by the ED on January 31. He was subsequently replaced by Jharkhand Mukti Morcha (JMM) MLA Champai Soren.
The Central government’s intervention could occur through the LG, who may involve the President to suspend Article 239 AA governing Delhi’s governance. The LG could justify the imposition of President’s rule under Article 239AB, potentially leading to Kejriwal’s resignation and direct control by the Union government over Delhi. The LG being the Centre’s representative, the Centre will most likely step into the affairs of the Delhi government through the LG’s office. While the Centre has the power to take action, it must adhere to legal processes and respect the autonomy of state governments.
