Can Arvind Kejriwal Govern Delhi From Jail? AAP In Search Of Successor Amid Speculation

After being remanded to 6-day Enforcement Directorate custody by a district court on Friday, Arvind Kejriwal stated that he would not resign as Delhi Chief Minister and would, if necessary, run the government from jail.

In an interview with India Today TV shortly after the Rouse Avenue Court granted his custody to the Enforcement Directorate in the liquor policy case, Kejriwal affirmed his commitment to continue governing regardless of his location.

Photo Credit: PTI

Kejriwal Remanded Till 28 March

Following a three-hour-long hearing in the Delhi court, Special Judge Kaveri Baweja ordered Kejriwal to be held in Enforcement Directorate custody until March 28, a day after his arrest by the probe agency from his official residence. The court issued the order based on the Enforcement Directorate's application seeking 10-day custody in the case.

During the hearing, the probe agency identified Kejriwal as a "key conspirator" in the alleged excise policy scam case along with other AAP ministers and party leaders. The Enforcement Directorate further alleged that Kejriwal received several crores of rupees as kickbacks from the 'South group' for formulating and implementing the Delhi Excise Policy 2021-22, as reported by India Today.

Meanwhile, senior advocate Abhishek Manu Singhvi, representing Kejriwal in court, emphasized that this is the first time in India's history that a sitting Chief Minister has been arrested, adding that the power of arrest does not necessarily equate to the need for arrest. However, there's a catch!

Can Arvind Kejriwal run the government from jail?

According to renowned bureaucrat and former Chief Secretary of Delhi PK Tripathi, it was stated that technically no constraint exists barring Kejriwal from maintaining his office unless he was convicted, reported India Today.

According to Tripathi, three technical issues that might hinder Kejriwal's operation as Chief Minister from prison, including the need for alternative routes for files to be presented to the Lieutenant Governor, the delegation of Cabinet meeting tasks to a minister, and the potential reliance on file movement rather than in-person meetings for transfers and postings.

Further, high-ranking officers highlighted additional complications due to Delhi's status as a Union Territory, suggesting that it would be more challenging for Kejriwal to function as Delhi's Chief Minister from jail given the constitutional boundaries outlined in Articles 239 AA and 239 AB.

Meanwhile, BJP leaders cited jail manuals to emphasize that inmates have no right to attend meetings, make phone calls, or sign documents, making it challenging for Kejriwal to fulfil his obligations from behind bars. Thus, the feasibility of a jail-bound Chief Minister remains uncertain and fraught with challenges both morally and technically.

Sunita Kejriwal or Atishi: Who will be the next CM of Delhi?

Despite AAP's assurance that Arvind Kejriwal would govern from jail, discussions within party circles have intensified regarding his potential replacement. Speculation surrounds individuals such as Kejriwal's wife, Sunita Kejriwal, as well as cabinet ministers Atishi and Saurabh Bharadwaj, though practical challenges remain despite no legal restrictions on a jailed chief minister's functioning, reported The Week citing PTI.

AAP faces a leadership dilemma in identifying a capable figure to manage both party affairs and the Delhi government in Kejriwal's absence. With Kejriwal serving as the party's face since its inception and holding the Chief Minister's post for nearly a decade, finding a suitable replacement proves daunting.

The urgency intensifies as AAP prepares for upcoming Lok Sabha elections across various states, with Kejriwal's anticipated key role in the party's campaign.

Atishi, recognized for her diverse portfolio and close association with Kejriwal, emerges as a significant candidate. Similarly, Bharadwaj's notable contributions and vocal defence of AAP position him as a contender.

Despite speculation, AAP leadership maintains their position against replacing Kejriwal, asserting his commitment to continue governing even if arrested. However, the current CM of Delhi headquarters is in ED's custody and will remain there for the next 6 days, till March 28, as per PTI reports.

While no legal obstacles hinder Kejriwal's governance from jail the tensions in New Delhi persist and present a complex scenario for the party's leadership in the coming days.