WHAT DOES LAW SAY ABOUT KEJRIWAL CONTINUING AS DELHI CM EVEN AFTER ARREST?

Delhi Chief Minister, CM Arvind Kejriwal was arrested on March 21 after questioning by Enforcement Directorate, ED officials in connection with the excise policy case.

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Aam Aadmi Party, AAP leader and Education Minister of Delhi, Atishi Merlane, claimed that Kejriwal will continue to be the CM, despite his arrest.

What does the law say about ministers continuing to hold their portfolios despite being arrested and the role of Governors/ Lieutenant Governors, LGs in such a scenario? While there is no legal bar on Kejriwal continuing as CM, the LG has a very important role to play. The LG can, in fact, recommend the imposition of President's rule.

The Representation of People Act (RP Act), 1951, deals with elections, qualification and disqualification of lawmakers. According to the Act, an MP or an MLA stands disqualified, if he/she is convicted for an offence.

However, since Kejriwal has not been convicted yet, there is no bar on him continuing as CM.

In fact, two ministers in the Kejriwal government itself-Satinder Jain and Manish Sisodia continued to be ministers even after their arrests and resigned only after they were denied bail.

However, the larger question here is how practical is it to administer a region while being in jail.