As a Delhi court extends the Enforcement Directorate’s custody of Aam Aadmi Party (AAP) national convener Arvind Kejriwal until April 15, legal experts offer insights into the implications of his arrest, suggesting that his continuation as Delhi’s Chief Minister from jail is “practically impossible.”
Delhi Chief Minister Arvind Kejriwal has been remanded to judicial custody until April 15 and is currently housed in Tihar Jail. While there exists no explicit prohibition in the Constitution or law against serving as Chief Minister while incarcerated, legal experts opine that operational challenges render such a scenario unfeasible.
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Senior advocate Ajit Sinha explains, “There is no specific provision in the Constitution barring a person from continuing as Chief Minister while incarcerated, but it is practically impossible.” This perspective aligns with the Delhi High Court’s stance, which emphasized that while no legal provisions preclude Kejriwal from governing while in custody, executive authorities would intervene if constitutional functioning is compromised.
Former SCBA president Vikas Singh concurs, stating that governing from jail is “practically impossible” as Kejriwal would need court permission for each proposed action and would be unable to convene cabinet meetings.
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Drawing parallels with RJD leader Lalu Prasad Yadav’s situation, advocate Ajit Sinha notes that initially, there was speculation that the Bihar government could be run from jail. However, Yadav opted to designate his wife Rabri Devi as his successor. Sinha underscores that the framers of the Constitution did not anticipate a scenario where a sitting Chief Minister is incarcerated.
Senior advocate Gopal Sankaranarayanan underscores that there is no legal impediment to a person continuing as Chief Minister following arrest, implying that Kejriwal can retain his position. He clarifies, “As per the Representation of the People Act, only after a conviction can an MLA be disqualified and hence ineligible to be a minister. Though unprecedented, it is technically feasible for him to operate from jail.”
In the wake of Kejriwal’s judicial custody extension, the AAP asserts that he has no intention of resigning from his post as Chief Minister.