Arvind Kejriwal, the Chief Minister of Delhi, has been placed in judicial custody until April 15 and is currently being held in Tihar Jail. Although there is no constitutional or legal prohibition preventing him from governing while in prison, legal experts have deemed it “practically impossible” for him to carry out his duties under these circumstances.
#WATCH | Delhi CM Arvind Kejriwal being brought out of Rouse Avenue Court.
---Advertisement---He is being taken to Tihar Jail where he will be lodged in Jail Number 2. He has been sent to judicial custody till April 15 in Delhi liquor policy case. pic.twitter.com/gFiIxYijCB
— ANI (@ANI) April 1, 2024
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When asked whether Kejriwal can continue as the chief minister post his judicial custody, senior advocate Ajit Sinha told that there is no specific provision in the Constitution barring a person continuing as the chief minister once incarcerated, but it is practically impossible.
The opinions of legal experts align with the decision of the Delhi High Court, which stated that there are no provisions preventing Kejriwal from governing while in custody. The High Court also emphasized that executive authorities would intervene in the event of a constitutional failure.
Senior advocate and former SCBA president Vikas Singh informed that governing from inside jail is “practically impossible” for Kejriwal, as he would need court permission for every proposed action. Additionally, the Delhi CM would be unable to convene any cabinet meetings.
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Advocate Ajit Sinha cited the example of RJD supremo Lalu Prasad Yadav, mentioning that initially, there was a belief that the Bihar government could be operated from jail. However, Yadav opted to appoint his wife, Rabri Devi, as his successor instead.
Sinha also remarked that the framers of the Constitution did not anticipate a situation where a sitting Chief Minister would be imprisoned.
Senior advocate Gopal Sankaranarayanan added that there is no legal prohibition preventing a person from continuing as Chief Minister after being arrested, indicating that Kejriwal can remain in office as the Delhi CM.
“According to the Representation of the People Act, it is only after a conviction that an MLA can be considered disqualified and thus ineligible to be a minister. Though unprecedented, it is technically feasible for him to operate from jail,” he stated.
Delhi’s Rouse Avenue Court issued a judicial custody order for Delhi CM Arvind Kejriwal until April 15. The AAP national convener has no intention of resigning, according to the party.
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