Can Arvind Kejriwal Function As Chief Minister From Jail? Check The Rules
Delhi Chief Minister Arvind Kejriwal was recently arrested by the Enforcement Directorate in an excise policy-linked money laundering case.
The arrest of Delhi Chief Minister Arvind Kejriwal by the ED has raised a pertinent question: Can a government be run in the absence of its leader?
The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case.
Here's a look at some challenges that Arvind Kejriwal may face while functioning as the Chief Minister from jail.
A chief minister is permitted certain privileges within prison, such as making official phone calls and accessing crucial documents.
Files that need to be presented to the Lieutenant Governor, which usually goes via Kejriwal, will now need an alternative route.
Kejriwal, who presides over Cabinet meetings, has to delegate this task to a minister.
Under new guidelines, the Chief Minister heads the committee responsible for transfers and postings. File movement, not an in-person meeting, may have to suffice.
The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.
Delhi is not a state but a Union Territory and has a unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre.
Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of the President's rule.