Chief Minister Arvind Kejriwal’s life behind bars has crossed 100 days, marking an unprecedented chapter in Delhi’s governance and politics. He remains defiant, holding on to his position as chief minister, but it has put the national capital in a situation it has never faced before.
Kejriwal and the Aam Aadmi Party claimed vindication when he was granted interim bail by the Supreme Court on July 12 in the money laundering case by the Enforcement Directorate in the purported liquor policy scam. However, Kejriwal’s wait to walk out of jail continues as he is in CBI custody under the Prevention of Corruption Act in the same case.
While granting bail to Kejriwal, the Supreme Court said it was up to him to decide whether he should continue as chief minister. But his legal team is confident that he will get bail in the CBI case as well. “The Centre anticipated that the Supreme Court would grant him bail in the ED matter, so it got the CBI to arrest him,” said Delhi cabinet minister Saurabh Bharadwaj. “The burden of proof is on the CBI. It is just a matter of time that Kejriwal is released.”
Kejriwal’s prolonged absence has raised serious concerns about governance. To make matters worse, the relationship between Delhi Lieutenant Governor V.K. Saxena and the state government is at its worst. Any public crisis turns into a blame game between the AAP and the BJP. “The people in power are misbehaving and testing the limits of the laws,” said former high court judge R.S. Sodhi.
Delhi witnessed a record-breaking heatwave this summer in which more than 300 people lost their lives. This was followed by an acute water crisis, for which the AAP government blamed Haryana of not releasing the Yamuna waters. Delhi Water Minister Atishi went on an indefinite fast, while the BJP accused the AAP of “colluding with the tanker mafia”. The saffron party also targeted the Delhi government over the revision of power purchase adjustment charges by discoms (distribution companies). Said Delhi BJP chief Virendra Sachdeva, “The goal of the Kejriwal government is only to fulfil personal interests.”
Another administrative issue that highlighted the divide between the state government and the LG was an order to transfer about 5,000 government school teachers who served in the same school for over 10 years. The process was halted after Atishi called on the LG to get the order revoked. She cited Article 239AA of the Constitution, which grants the Delhi government authority over matters in the State and Concurrent Lists.
The AAP’s political struggle, however, extends beyond governance issues. With Kejriwal in jail, the AAP attempted to fill the void by having his wife, Sunita, speak on behalf of her husband. However, following the AAP’s disappointing performance in the Lok Sabha polls, the Sunita factor has diminished significantly. Experts contend that the morale of AAP workers has taken a hit. “Senior leaders are in jail. Main strategists are leaving. The cadre is not visible on ground the way it used to be,” said Kubool Ahmed, a Delhi-based political commentator.
The limited boost the AAP received from being part of the INDIA bloc appears to be diminishing as well, with the Congress blaming it for the Lok Sabha debacle. The Congress has also started raising governance issues. “We will raise our voices on matters of public interest and welfare,” said Anil Bharadwaj, chairman of the Delhi Congress’s communication department. The Congress has also made clear that there will not be any seat-sharing agreement for the assembly elections scheduled for February. “The assembly polls will be particularly challenging for the AAP, with a resurgent Congress and the BJP riding on its Lok Sabha success,” said Ahmed.
Meanwhile, questions about how long the capital can be governed with its chief minister in jail are growing louder. “As the chief minister cannot give any written directions from inside the jail, he is verbally passing on messages through whoever comes to meet him,” said Sunil Gupta, who served as a law officer and spokesperson for Tihar jail. There have been occasions when ministers such as Atishi and Saurabh Bharadwaj have gone to Tihar to take verbal directions. “Recently, when Atishi went to meet Kejriwal he directed her to talk to Himachal Pradesh and other states to ensure that the water crisis did not affect people,” said Gupta.
The fact that Kejriwal is not holding the charge of any ministry enables the movement of files without his signature. Sources said ministers were taking decisions on their own. “The absence of the chief minister is not making much difference to the day-to-day functioning of the government. Ongoing schemes are continuing, but no major policy decisions have been taken since Kejriwal’s arrest,” said a Delhi government official.
Political observers, however, say that signing of files is not the only job for a chief minister. Holding cabinet meetings, meeting the LG and Union ministers and performing site inspections are some other responsibilities that are equally important. No cabinet meeting has been held since Kejriwal’s arrest. Moreover, Kejriwal’s strategy of communicating decisions and messages through his lawyers and his wife also appears to be slackening.
The AAP is fighting a multi-pronged battle, and the more Kejriwal stays in jail, the tougher it gets for the party, not just politically, but also in terms of governance.