Following Arvind Kejriwal’s remand to Enforcement Directorate (ED) custody until March 28, questions have arisen regarding the continuity of governance in Delhi. While AAP leaders have asserted that Kejriwal will continue to manage affairs even from custody, legal experts weigh in on the practicality and legality of such a scenario.
The Representation of the People Act, 1951 imposes a six-year disqualification for legislators convicted of certain offenses. However, until a conviction occurs, there is no legal barrier to Kejriwal’s role as Chief Minister.
Constitutionally, Article 239 AB allows the Lieutenant Governor (LG) to recommend President’s Rule in Delhi in case of a ‘breakdown of constitutional machinery.’ The LG could invoke this provision if Kejriwal insists on running the government from custody.
Legal experts like Justice Ajay Rastogi and Senior Advocate Mukul Rohatgi highlight practical challenges. Jail rules limit visits and activities, making it difficult for Kejriwal to conduct official duties effectively.
While Kejriwal’s continuation as Chief Minister from custody may be legally possible, it faces practical hurdles. The courts may intervene to ensure smooth governance or consider alternative arrangements if needed.
Ultimately, the situation remains dynamic, with the possibility of LG intervention or legal challenges shaping the course of governance in Delhi during Kejriwal’s custody.
