Can LG Impose President's Rule In Delhi If Arvind Kejriwal Doesn't Quit? Here's What The Law Says

NEW DELHI: The arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate (ED) has sent shockwaves through the political landscape, marking the first instance of a sitting CM being detained in a criminal case. The ED's action comes after Kejriwal evaded multiple summons regarding his questioning in the now-defunct Delhi excise policy case. 

Kejriwal's Arrest And ED Probe 

The ED's investigation revolves around alleged corruption and money laundering allegations related to the formulation and execution of Delhi's excise policy for 2021-22, which was subsequently annulled. Kejriwal's arrest follows the questioning of other key AAP leaders, including Manish Sisodia and Sanjay Singh, who are currently in judicial custody.

Despite mounting pressure and public outcry, Kejriwal's close aides, including Delhi Minister Aatishi and Assembly Speaker Ram Niwas Goyal, affirmed his resolve to continue governing as Delhi CM, even from behind bars. This unprecedented situation raises questions about the stability of governance in the capital city amidst the ongoing legal battle. 

Legal Provisions And Disqualification

The legal framework governing the disqualification of elected officials plays a pivotal role in assessing Kejriwal's ability to continue as CM. Under the Representation of the People Act, 1951, conviction is a prerequisite for disqualification. As Kejriwal remains unconvicted, he retains his eligibility to hold office despite the charges against him.

Challenges Of Running Government From The Prison

While Kejriwal's legal status permits him to remain CM, practical challenges arise from governing while incarcerated. The stringent guidelines within the prison system, such as limited meeting allowances, pose obstacles to effective governance, particularly for a high-profile figure like Kejriwal.

Can LG Recommend President's Rule In Delhi?

The power dynamics between the elected CM and the Lieutenant Governor (LG) come into sharp focus amidst Kejriwal's arrest. The LG, with authority delegated by the Centre, can recommend the President's Rule under Article 239AA of the Constitution if deemed necessary due to a perceived failure of the elected government to discharge its duties effectively.

Precedents And Potential Scenarios

Past instances, including the arrest of Tamil Nadu Minister Senthil Balaji, illustrate the ramifications of prolonged legal battles on political leadership. The denial of bail and subsequent resignations underscore the challenges faced by officials entangled in legal proceedings.

Alternative Solution

One potential resolution lies in the LG's authority to convert a building into a prison, enabling Kejriwal to request house arrest for continued engagement in governance. However, this solution hinges on cooperation between Kejriwal and the LG, presenting its own set of logistical and political challenges.

Meanwhile, the Union Home Ministry is also said to be examining the ramifications of Kejriwal not resigning and continuing as chief minister of Delhi. According to legal luminaries, the Centre may have to suspend or remove him from the post since he is a public servant. This is also the procedure that is followed for government officials who are arrested. They are immediately suspended from service, sources said.

The arrest of Arvind Kejriwal by the ED has triggered a complex interplay of legal provisions, political authority, and practical considerations. As Delhi grapples with the fallout from this unprecedented event, the way forward for Kejriwal and the governance of the capital city remains uncertain, awaiting further legal and political developments.