New Delhi: Arrested Delhi Chief Minister Arvind Kejriwal can continue to function from prison with prior permission from the trial court, as there is no specific constitutional bar that a minister cannot continue to discharge official duties from jail. However, there are administrative challenges and moral trappings to such an exercise.
Jail protocols, such as restricted visitation, may hinder effective governance. Experts suggest delegating responsibilities to senior ministers to mitigate these challenges.
“Tamil Nadu minister Senthil Balaji continued to be a minister, though jailed. It has not been set aside by the courts so far. On the other hand, J. Jayalalitha, while convicted and on bail, was in office as the chief minister. It was set aside by the Supreme Court and she had to wait for an acquittal to be sworn in again,” senior advocate Sanjay Hegde told this newspaper.
“The lieutenant-general may, however, take the view that there has been a breakdown of constitutional machinery if the incarceration carries on for a significant length of time. At that stage, maybe courts may have to resolve the issue if called upon to do so,” Hegde added.
Senior advocate and additional solicitor-general Vikas Singh concurred, saying, “There’s no specific legal bar, but it will create administrative challenges.”
Supreme Court advocate Vineet Jindal said, according to the law, a chief minister can run the government from jail with certain permissions. A jailed CM can hold Cabinet meetings and sign files as per the jail manual, but it involves complex procedures and limitations that can hinder state development and decision-making. For instance, jail manuals typically restrict visits from relatives or friends to twice a week, which may be insufficient for running a government effectively. In the case of Delhi, to address this, Kejriwal could designate his senior-most minister to act on his behalf for day-to-day tasks and chair meetings.
Jindal said: “There is no immunity provided to CMs or members of Parliament (against arrest) in the law. Immunity from arrest is only granted to governors and the President of India under Article 361. Kejriwal's arrest, which came after a prolonged period, stemmed from his avoidance of nine summonses issued by the Enforcement Directorate for months related to a liquor scam. Kejriwal's failure to seek relief from arrest through the courts contributed to this situation.”
Regarding Central intervention, SC advocate Vineet Jindal said it may occur through the lieutenant-governor, who can involve the President to suspend Article 239 AA, which deals with Delhi's governance. The L-G can justify the “failure of constitutional machinery” for imposing President's rule under Article 239AB, potentially leading to Mr Kejriwal's resignation and direct Union government control over Delhi.
