The arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate on March 21 has left a lot of questions about the AAP chief’s arrest and what comes next. Kejriwal, who now stands to be the first sitting Chief Minister arrested from the opposition INDIA bloc, was arrested in connection with the money laundering case related to the alleged Delhi excise policy scam. Notably, Kejriwal’s name in the matter came up for the first time in the remand application filed by the ED against the Bharat Rashtra Samithi (BRS) MLC K Kavitha while she was presented in the court on March 16. So far, Kejriwal remains the biggest name to be arrested in the alleged scam.
But the question is if Kejriwal will run the government from behind the jail or will he resign. Kejriwal does not need to resign from his post as Delhi Chief Minister. There is no provision in the law by which he can be forced to resign. He can also run his government from jail as Chief Minister. He can hold meetings of the cabinet and sign files by taking prior approval from the court as per the jail manual. Though the Chief Minister is only an accused at this stage and can’t be barred from running the government from inside the jail, technically, it will be very tough as he has to follow the rules of jail and as per the rules, he cannot be available every time for the meetings, to sign the files.
Whether a Chief Minister can run a state government from jail largely depends on the legal provisions and constitutional norms of the specific country or state. Immunity from criminal or civil proceedings only extends to the President of India and Governors of states as per Article 361 of Constitution of India. However, a Chief Minister can only be disqualified or removed from office in case of conviction. The arrest is for furtherance of investigation. It doesn’t impede his functioning as an Assembly member and Leader of the House by virtue of which he holds the post of the Chief Minister in our parliamentary democracy.
There might be legal loopholes or interpretations that could potentially allow a Chief Minister to continue governing from jail temporarily, such as if they have not been convicted of any crime and are able to delegate their powers to another individual within the government structure. That being said, allowing a Chief Minister to continue governing from jail could raise significant ethical and practical concerns, as it could undermine the rule of law, the principle of accountability, and the public’s trust in the government. Therefore, it’s crucial for legal systems to have clear guidelines and mechanisms in place to address such situations, ensuring that the governance of the state remains stable and legitimate.
