Can Kejriwal Run Government From jail? What Law Says?

Spread the word

The Enforcement Directorate (ED) arrested Chief Minister Arvind Kejriwal on Thursday (21 March 2024) in the Delhi Liquor Policy‘s Money Laundering case. ED had arrested Kejriwal after two hours of questioning in the case of money laundering connected to liquor policy. After his arrest, BJP is demanding resignation from Kejriwal from the CM‘s post. But Kejriwal refused to resign and made an announcement that he will run the government from the jail. This is probably the first time that a Chief Minister was arrested while holding the post and even then he did not resign to his post. In such a situation, the question is arising in everyone’s mind that what will happen to the Delhi government. Will Kejriwal resign from his post or run the govt from the jail?

Senior leaders and ministers of Aam Aadmi Party are saying in one voice that Kejriwal will not resign. Will run the government from jail. The question arises whether one can be the Chief Minister while being in jail and can run the government from jail? The Constitution is silent on this so the issue is up for debate.

Running government from jail is not an easy task:

Aam Aadmy Party says that Kejriwal is their CM and he will continue as their CM in future too. They are assuring that Kejriwal will run the government from the jail. Not only this, party leaders say that Kejriwal will run the government from jail.

However, legally there is no any such law in Indian constitution that will prevents a CM from running his govt from jail. Nor any provision to demand resignation from his post if he goes to jail. According to this, you may understood that any MLA, MP or CM can remain on his post until he/she is proven guilty for his crimes. It means Kejriwal can legally run the govt even being in the jail.

Constitution never thought that such a situation would arise:

The makers of the Constitution never thought that such a situation would arise when a Chief Minister would do this. Therefore there is no provision in this regard. Senior Supreme Court lawyer Rakesh Dwivedi says that there are many things missing in the Constitution. But it would be impractical for the Chief Minister to run the government from jail.

Must follow Jail manual:

Kejriwal does not currently hold any ministry, he is running his governance through regular meetings with ministers and senior officials. In such a situation, going to jail is likely to have a direct impact on his governance.

What are the rules in jail for prisoners?

In jail, As a prisoner, it is mandatory for him to follow the jail manual.
As per jail rules, Kejriwal can only hold two meetings per week.
A prisoner can in Jail, can only meet his family and friends or colleagues only twice a week.
No file of any kind can be made to be signed by the prisoner.
After any prisoner goes to jail, the jail administration has to give the names of 10 people, one of them will telephone the prisoner in the jail.
Only three people can come to the jail to meet at a time.
During the meeting, the prisoner is on one side and the person who came to meet is on the other side, there is an iron mesh in between.
- Meeting time starts at 9:30 am and ends at 12:30 pm.

Due to these circumstances, Kejriwal may face difficulties in running the govt from jail. Convening a cabinet meeting or holding a review meeting with officials in jail’s cell does not seem practical.

What does the Representation of the People’s Act says?

The Representation of the People Act states that if a person is imprisoned for two years or more by a court for any crime, he will be ineligible for membership of the House. In some cases, there is a provision for disqualification even if merely convicted. But in the case here, Kejriwal has not been punished yet but has only been arrested on charges. That means he is not ineligible in the eyes of law.

Hence the experts say, despite there is no provision on this in the Constitution about running the government from jail, It is against on the moral grounds.

LG’s role is important:

The power of Delhi is exercised by an elected CM and a LG (Lieutenant Governor). So, the present LG of Delhi, VK Saxena, can recommend to the President of India to suspend the operation of Article 239 A, the constitutional provision related to the National Capital Territory. He also can recommend to impose President’s rule in Delhi under Article 239AB. After Kejriwal’s arrest, the LG can pronounce that the Delhi administration cannot perform its duties under him.

If LG allows, Kejriwal can remain CM :

The LG has the power to convert any place or building into a jail, and if Kejriwal appeals to put him under house arrest, and LG allows his request, then he can easily become a part of the governance of the Delhi administration.