Legal experts on Delhi CM Arvind Kejriwal’s arrest, working out of ED custody
Hindustan TimesNew Delhi: Delhi chief minister Arvind Kejriwal’s insistence on running the Government from jail, if prolonged, could lead to imposition of President’s rule as an elected chief minister has multifold tasks, all of which cannot be practically performed while in custody, said legal experts. Arrest itself is not an infirmity to seek President’s Rule but if rules of Jail Manual do not allow him to function freely, the Union can conclude that the chief minister has become non-functional and there is a crisis as the government in Delhi is not being carried out in accordance with Article 239AA.” Article 239AB of the Constitution provides for such a recommendation by the President. It states, “If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied that a situation has arisen in which the administration of the NCT cannot be carried on in accordance with the provisions off Article 239AA or of any law made in pursuance of that article or that for the proper administration of the NCT it is necessary or expedient so to do.” Senior advocate and Supreme Court lawyer Jaideep Gupta said, “I do not see the President’s Rule being imposed as the Delhi government enjoys absolute majority. Such a scenario has not been tested in Courts before and any decision to impose President’s Rule will be affecting the electoral mandate of citizens of Delhi.” Gupta added: “There is also no apparent chaos in governance as it is always open for AAP legislative party to elect another CM.