I THINK THAT legally or constitutionally there is no bar if Arvind Kejriwal wants to remain chief minister of Delhi. The crucial point is whether he will be able to function as one―like preside over cabinet meetings where important decisions, some of which are confidential, are taken. Then, he will have to sign and take decisions on files, for which he will have to discuss with, say, the chief secretary or the principal secretary. How will all this be possible if he is in jail?
If Kejriwal resigns, the AAP will elect a new leader as chief minister. That happened in Jharkhand when Hemant Soren resigned and Champai Soren took his place. Another option is that Kejriwal can nominate a senior minister to perform his functions and he can be consulted over phone, if the court allows. Can the court permit such a thing?
As per the rules, Kejriwal loses the position only if he loses the majority in the house, his party tells him to step down, he resigns from the position, or if the President intervenes.
The AAP has a strong mandate in Delhi, with 62 seats in the assembly. Kejriwal’s wife, Sunita, can run from one of the constituencies that is an AAP stronghold.
What happened with the arrest of Kejriwal is unprecedented and has complicated the structure of governance in Delhi further. The Enforcement Directorate must have taken the political clearance because this action has led to a crisis.
―As told to Mohit Sharma
Achary is former secretary general, Lok Sabha.