There is no bar either in the Constitution or in law which prohibits jailed Delhi Chief Minister Arvind Kejriwal from continuing in office but running the government from a prison is “ractically impossible”, the legal experts said on Monday.
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NEW DELHI: Legal experts assert that while there’s no explicit bar in either the Constitution or the law preventing incarcerated individuals like Delhi Chief Minister Arvind Kejriwal from retaining their office, the practicality of governing from behind bars presents insurmountable challenges. Kejriwal, the national convenor of the Aam Aadmi Party (AAP), was remanded to judicial custody until April 15, a development that has sparked discussions about the feasibility of his continued governance.
The sentiments expressed by legal pundits resonate with the observations made by the Delhi High Court on March 28, when it dismissed a Public Interest Litigation (PIL) seeking Kejriwal’s removal from office following his arrest by the Enforcement Directorate (ED). The court emphasized that no legal provision exists to compel the removal of the AAP leader from his position, post-arrest, without any constitutional inadequacy, indicating that executive mechanisms would intervene in the event of such a failure.
Senior advocate Ajit Sinha articulated,
“There is no specific provision in the Constitution barring a person from continuing as the chief minister once incarcerated, but it is practically impossible.”
Echoing similar sentiments, senior advocate and former SCBA president Vikas Singh highlighted the inherent challenges, noting that while the Constitution may not explicitly address every scenario, governance from a prison environment would inevitably face logistical hurdles. Singh stressed that operating the government from within prison walls would necessitate continuous permissions from both the judiciary and the authorities for each administrative action proposed by the chief minister.
Sinha further elucidated that even convening a cabinet meeting while in jail would be beyond Kejriwal’s reach, emphasizing that administering from behind bars would be “practically impossible.” Thus, while the legal framework may not outrightly prohibit Kejriwal from retaining his role, the sheer impracticality of governing from within a correctional facility poses formidable challenges that cannot be overlooked.
Sinha, drawing parallels, cited the case of RJD president Lalu Prasad, initially suggesting that governance could be conducted from jail. However, Prasad later designated his spouse, Rabri Devi, as his successor, acknowledging the impracticality of governing from confinement. Sinha emphasized the impossibility of executing day-to-day administrative functions, such as convening cabinet meetings, signing official documents, and issuing transfer orders, within the secluded confines of a prison.
“Cabinet meetings cannot be summoned in jail, and the state would be rendered rudderless without the CM presiding over these crucial sessions. Kejriwal would need the court’s permission for every such administrative task, a scenario that is practically unfeasible,”
-remarked Sinha.
He further underscored that the framers of the Constitution did not anticipate a sitting CM being incarcerated, hence the absence of specific provisions addressing such a scenario.
Senior advocate Gopal Sankaranarayanan concurred that there exists no legal impediment to a person continuing as chief minister following arrest. However, senior advocate Vikas Singh highlighted the administrative hurdles, asserting that while no legal barriers exist, the practical challenges render governance from jail virtually impossible.
Addressing whether Kejriwal could persist as chief minister post-arrest, Sankaranarayanan clarified,
“There is no legal impediment to a person continuing as chief minister once arrested.”
He elaborated, referencing the Representation of the People Act, indicating that disqualification only occurs upon conviction, theoretically allowing Kejriwal to function from jail.
Kejriwal’s arrest by the ED on March 21, in connection with a money laundering case linked to excise policy, occurred shortly after the Delhi High Court declined to shield him from coercive action by the central probe agency. Subsequently, a court extended his judicial custody until April 15. Despite this, Kejriwal has not tendered his resignation as chief minister. The AAP affirmed Kejriwal’s continuance in office, irrespective of his tenure in jail.
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