Will the Delhi government now run from jail, what do legal experts say?

kejriwal news

Mr journalist news, Arvind Kejriwal: Delhi Chief Minister Arvind Kejriwal has been arrested in the excise policy case. AAP says that the Chief Minister will not resign from the post even after being arrested. On Thursday, Delhi government minister Atishi said that if necessary, he will run the government from jail itself. 

In fact, Kejriwal is not the first to be arrested while holding the chief ministership; Even before this, many Chief Ministers had been arrested, but they had resigned either before or after their arrest on moral grounds. Legal experts say that if Kejriwal does not resign, there could be a constitutional challenge to running the Delhi government.

Who can escape arrest?

The President of India cannot be arrested in any case till the expiry of his tenure, as the Constitution provides for such. Even the Prime Minister does not have this right. The President of India, according to Article 361 of the Constitution, is not answerable to any court while discharging his powers.

Can Kejriwal run the government from jail?

It is not logistically possible to run a government from jail, but there is no law that stops a CM from doing so. If the Chief Minister is found guilty in any case, he can be removed from his post or disqualified. 

But Arvind Kejriwal is only an accused, not guilty. Lawmakers believe that there can be only two reasons for a Chief Minister to step down: his majority in the Assembly being lost or a no-confidence motion being passed against his government.

LG's role is important

After the arrest of Kejriwal, the role of Delhi Lieutenant Governor has become important. Kejriwal will be spared from jail if he wants to remain CM. He can request the President to invoke LG Article 239AA if he does not get bail and is in jail. LG may say that the Chief Minister is in jail, so he cannot fulfill his responsibilities.

No relief from HC on arrest

Note that ED had issued the ninth summons in the money laundering case of Excise Policy Scam, but he did not appear. Fearing that he would be arrested, Kejriwal approached the Delhi High Court twice, but he did not get relief. Later ED arrested him. 

On Thursday night itself, Aam Aadmi Party approached the Supreme Court against the arrest and demanded an immediate hearing on it. The Supreme Court Registrar announced the hearing on AAP's appeal the next day on Friday morning.


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