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Arvind Kejriwal's Arrest: Can a Chief Minister Run Office from Prison?

Kalyani Jha
22 Mar, 2024

The recent arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate (ED) has triggered discussions about the legal and logistical aspects of a Chief Minister continuing to run office from behind bars. Here's a detailed look at the legal framework and historical precedents:

1. Legal Immunity: Unlike the President of India and Governors of states, Chief Ministers do not enjoy immunity from civil and criminal proceedings during their term in office. They are treated equally under the law and are subject to the Right to Equality.

2. Arrest and Conviction: A Chief Minister can only be disqualified or removed from office upon conviction in a case. As of now, Arvind Kejriwal has not been convicted, and therefore, he retains his position as Chief Minister.

3. Office from Prison: While there is no law barring a Chief Minister from running office from prison, the practicality of such a scenario is challenging. Logistically, it would be impractical for Kejriwal to effectively discharge his duties while incarcerated.

4. Legal Precedents: Historically, there have been instances of Chief Ministers being arrested. However, their ability to continue in office varied. Some resigned either before or after arrest, while others continued to hold office until conviction.

5. Role of Lieutenant Governor (L-G): In Delhi's unique power structure with an elected Chief Minister and an L-G appointed by the Centre, the L-G plays a crucial role. If Kejriwal remains in jail and is unable to perform his duties effectively, the L-G may seek intervention from the President to suspend the operation of Article 239AA, potentially leading to President's rule in Delhi.

6. Historical Examples: Leaders like Lalu Prasad Yadav, J Jayalalithaa, and others faced legal challenges during their terms as Chief Ministers. Their resignations or removal from office occurred upon conviction or in the face of mounting legal pressures.

7. LG's Authority: The L-G can cite 'failure of constitutional machinery in the state' as grounds for President's rule, leading to direct control by the Union government.

In summary, while there is no legal prohibition on a Chief Minister running office from prison, the practicalities, legal challenges, and potential constitutional interventions make it a complex and unprecedented situation. The coming days will likely see legal deliberations and political developments regarding Arvind Kejriwal's status as Chief Minister amid his arrest.