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Business News/ Politics / Arvind Kejriwal in jail: Can LG VK Saxena suspend Delhi govt? Will Atishi be next CM? All your queries answered

Arvind Kejriwal in jail: Can LG VK Saxena suspend Delhi govt? Will Atishi be next CM? All your queries answered

For Arvind Kejriwal to continue as the Delhi CM, he should get relief from the court. Otherwise, Lieutenant Governor VK Saxena can involve the President and suspend Article 239 AA, the constitutional provision dealing with Delhi.

Delhi Chief Minister Arvind Kejriwal. (ANI) (HT_PRINT)Premium
Delhi Chief Minister Arvind Kejriwal. (ANI) (HT_PRINT)

While the Aam Aadmi Party (AAP) leaders have been giving statements that Arvind Kejriwal will continue as chief minister even if he is behind bars, Delhi Lieutenant Governor V K Saxena on Wednesday unequivocally stated that the Delhi government will not be run from jail, reported news agency PTI.

"I can assure the people of Delhi that the government will not be run from jail," Saxena said at the Times Now Summit.

On March 21, Delhi Chief Minister and AAP national convener Arvind Kejriwal was arrested by the Enforcement Directorate (ED) in the Delhi excise policy-linked money laundering case. The Rouse Avenue court subsequently remanded Kejriwal in the custody of ED till March 28.

Once the ED remand ends, the Central Bureau of Investigation (CBI) may seek custody of Arvind Kejriwal, as per reports.

The Delhi High Court will now hear PIL seeking removal of Arvind Kejriwal on 28 March from the post of Chief Minister of Delhi, reported LiveLaw adding, Matter will be heard by a division bench headed by ACJ Manmohan.

On Tuesday, Kejriwal issued his second order from jail for the health department, Delhi Health Minister Saurabh Bharadwaj said, while sharing order details.

ALSO READ: Arvind Kejriwal arrested ahead of Lok Sabha, assembly elections: 5 key challenges before AAP in Delhi

Atishi or Sunita as CM?

However, speculations are rife that Delhi Finance Minister Atishi Marlena may take up the reins of the government in the coming days, in case there is a change of guard. But, nothing as of such has been confirmed by the AAP. 

Apart from Atishi, Kejriwals's wife Sunita's name is also making the rounds. Netizens have thronged social media platforms, mulling whether Atishi will be appointed as the new CM following Kejriwal's arrest. LiveMint could not confirm the reports independently. 

What LG Saxena can do in this case?

For Kejriwal to continue as the CM, he needs to get relief from a court. Or else the L-G VK Saxena can involve the President of India to suspend the operation of Article 239 AA, the Constitutional provision dealing with the National Capital Territory of Delhi.

L-G Saxena can say that the Delhi administration under Kejriwal cannot discharge its duties. He can cite the 'failure of constitutional machinery in the state,' a strong reason for the President’s rule in Delhi under Article 239AB of the Constitution.

This will bring the President's rule to Delhi and put the national capital under the Union government's direct control.

Can Arvind Kejriwal run government from behind the bars?

Ever since the ED issued a summons to Kejriwal in November, the AAP leaders have maintained that he will not resign and instead run the government from behind bars.

ALSO READ: Can Arvind Kejriwal run government from behind the bars? Here is what the law says

Though logistically impractical, there is no law that can stop a chief minister from doing so. According to the law, a chief minister can only be disqualified or removed from office when he is convicted in a case. In the case of Arvind Kejriwal, he has not been convicted yet.

The Representation of the People Act, 1951 has disqualification provisions for certain offences but a conviction of anyone holding the office is mandatory.

Also, Kejriwal can lose the post only under two conditions - loss of majority support in the assembly or through a successful no-confidence motion against the government in power that the chief minister leads.

With agency inputs.

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Published: 27 Mar 2024, 04:11 PM IST
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