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Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

By Mahima Katal      22 March, 2024 03:16 PM      0 Comments
Arvind Kejriwal Arrested  Can CM administer a region while being in jail

New Delhi: Arvind Kejriwal is the main face of the Aam Aadmi Party (AAP). The arrest of Kejriwal by the probe agency Directorate of Enforcement in connection with the alleged Delhi Liquor Scam is likely to throw the political part out of gear and will necessitate the second run of leadership to step up just ahead of Lok Sabha Elections 2024.

However, the law doesn't disqualify a CM or prevent him from running his office from jail till convicted. But, the important question here is how practical is it to administer a region while being in jail. In the past, CMs have resigned immediately after arrest to ensure that the administration is not affected.

The Representation of People Act, 1951, says that a lawmaker stands disqualified if he/she is convicted for an offence. However, since Kejriwal has not been convicted yet, there is no bar on him continuing as CM.

Also Read - What is the Delhi liquor case?  

President’s rule in Delhi? 

The entire power of the elected government and the CM of Delhi has its origin in this provision of the constitution. However, the Lieutenant Governor has the powers to recommend the suspension of operation of this provision. Article 239 AB gives powers to an LG to recommend to the President of India to suspend the operation of Article 239 AA.

According to the provision: If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied-(a) that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of Article 239AA or of any law made in pursuance of that article; or (b) that for the proper administration of the National Capital Territory, it is necessary or expedient so to do, the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions.

Thus, LG could, if he feels it necessary, recommend the imposition of the President’s rule if he feels there is a breakdown of constitutional machinery in Delhi.

Notably, Kejriwal, 55, rose to power as an anti-corruption crusader and founded the AAP, Hindi for "common man's party", in 2011.

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