Can Kejriwal run govt from jail? Will Atishi or Saurabh become new CM? Will Centre impose president's rule?

News Network
March 22, 2024

kejriatishi.jpg

New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
December 22,2024

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Prime Minister Narendra Modi was on Sunday awarded Kuwait's highest honour ‘The Order of Mubarak Al Kabeer’. It is the 20th international award bestowed upon him by a country.

‘The Order of Mubarak Al Kabeer’ is a knighthood order of Kuwait. It is awarded to Heads of State and foreign Sovereigns and members of foreign royal families in sign of friendship.

“I am honoured to be conferred the Mubarak Al-Kabeer Order by His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al Sabah. I dedicate this honour to the people of India and to the strong friendship between India and Kuwait,” PM Modi posted on X.

It has been previously awarded to foreign leaders like Bill Clinton, Prince Charles and George Bush.

Last month, PM Modi was conferred with the highest national award of Guyana, 'The Order of Excellence' during his visit to nation.

“I express my heartfelt gratitude to my friend President Irfaan Ali for conferring upon me Guyana's highest award. This is a living proof of your deep commitment to our relations which will continue to inspire us to move forward in every field,” PM Modi had said.

The prime minister was also conferred the "Dominica Award of Honour" by President Sylvanie Burton of Dominica.

"Honoured to be conferred with highest national award by Dominica. I dedicate it to the 140 crore people of India," Modi said in a post on X.

Guard of Honour 

The prime minister received a grand ceremonial welcome in Kuwait during his state visit to the Gulf nation. He was accorded a ceremonial guard of honour at the Bayan Palace, Kuwait. The Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al Sabah also present during the ceremony.

The details of the meeting were also shared by the Spokesperson of the Ministry of External Affairs on X. "A special welcome on historic visit! PM @narendramodi arrives at the Bayan Palace in Kuwait to a ceremonial welcome and Guard of Honour. Warmly received by HH Sheikh Ahmed Abdullah Al-Ahmed Al-Sabah, PM of Kuwait. Extensive talks with HH the Amir, Crown Prince and PM of Kuwait lie ahead."

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News Network
December 22,2024

modikuwait.jpg

Prime Minister Narendra Modi was on Sunday awarded Kuwait's highest honour ‘The Order of Mubarak Al Kabeer’. It is the 20th international award bestowed upon him by a country.

‘The Order of Mubarak Al Kabeer’ is a knighthood order of Kuwait. It is awarded to Heads of State and foreign Sovereigns and members of foreign royal families in sign of friendship.

“I am honoured to be conferred the Mubarak Al-Kabeer Order by His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al Sabah. I dedicate this honour to the people of India and to the strong friendship between India and Kuwait,” PM Modi posted on X.

It has been previously awarded to foreign leaders like Bill Clinton, Prince Charles and George Bush.

Last month, PM Modi was conferred with the highest national award of Guyana, 'The Order of Excellence' during his visit to nation.

“I express my heartfelt gratitude to my friend President Irfaan Ali for conferring upon me Guyana's highest award. This is a living proof of your deep commitment to our relations which will continue to inspire us to move forward in every field,” PM Modi had said.

The prime minister was also conferred the "Dominica Award of Honour" by President Sylvanie Burton of Dominica.

"Honoured to be conferred with highest national award by Dominica. I dedicate it to the 140 crore people of India," Modi said in a post on X.

Guard of Honour 

The prime minister received a grand ceremonial welcome in Kuwait during his state visit to the Gulf nation. He was accorded a ceremonial guard of honour at the Bayan Palace, Kuwait. The Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al Sabah also present during the ceremony.

The details of the meeting were also shared by the Spokesperson of the Ministry of External Affairs on X. "A special welcome on historic visit! PM @narendramodi arrives at the Bayan Palace in Kuwait to a ceremonial welcome and Guard of Honour. Warmly received by HH Sheikh Ahmed Abdullah Al-Ahmed Al-Sabah, PM of Kuwait. Extensive talks with HH the Amir, Crown Prince and PM of Kuwait lie ahead."

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News Network
December 21,2024

New Delhi: The Ministry of Law and Justice of Prime Minister Narendra Modi-led government has made an amendment to the Conduct of Election Rules, restricting public access to certain electoral documents that were previously available.

The original Rule 93(2)(a) of the 1961 Conduct of Election Rules stated, “all other papers relating to the election shall be open to public inspection.” However, following the amendment on Friday, the rule now reads, “all other papers as specified in these rules relating to the election shall be open to public inspection.”

Activists have raised concerns, claiming that the insertion of the phrase “as specified in these rules” limits access to various official documents created during elections to Parliament and Assemblies, which are not explicitly mentioned in the rules.

RTI activist Venkatesh Nayak pointed out that there are numerous documents, though not listed in the rules, that are generated by election officials such as Presiding Officers, Sector Officers (responsible for constituency vulnerability mapping), and those in charge of EVM movement and replacement of defective machines on polling day. These include reports from general, police, and expenditure observers, as well as Returning Officers and Chief Electoral Officers.

Nayak emphasized, “Access to these documents is crucial for ensuring the fairness of elections and the accuracy of results.”

The amendment comes shortly after the Punjab and Haryana High Court directed the Election Commission to provide video footage and documents related to votes cast at a polling station in the recent Haryana Assembly elections to lawyer Mehmood Pracha. Pracha has criticized the amendment, asserting that it will withhold essential information. “This is a reconfirmation of the Election Commission’s bias,” he said.

Nayak further stated, “This amendment undermines the principle of full transparency established by the Supreme Court in the Electoral Bonds case. The notification of this amendment on the very day Parliament was adjourned sine die has deprived MPs of the opportunity to challenge its necessity in real time.”

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