Will Arvind Kejriwal Lead the Government from Prison? After Delhi CM’s Arrest, What’s Next for AAP?

The greatest worries of the AAP have come true with the arrest of Delhi Chief Minister and convenor of the Aam Aadmi Party, Arvind Kejriwal.

Shortly after 7 p.m. on Thursday, an Enforcement Directorate team arrived at the chief minister’s home after the Delhi High Court’s division bench declined to grant the chief minister temporary respite or protection from arrest or other coercive measures. The AAP’s legal plan included petitioning the Supreme Court to overturn the high court’s ruling and request immunity from detention. But the Enforcement Directorate personnel rushed ahead of the AAP. And the chief minister was taken into custody shortly after two hours of searching and questioning.

The greatest obstacle the AAP has likely encountered since its founding almost 12 years ago on the anti-corruption platform is the arrest of its founder on the eve of the pivotal Lok Sabha elections. AAP has always maintained that the arrest of its leaders is part of a political witch hunt intended to discredit one of the main opponents of Prime Minister Narendra Modi, sabotage the party’s campaign ahead of the Lok Sabha elections, and overthrow the government.

Following Kejriwal’s imprisonment, everyone in the AAP’s senior leadership is now incarcerated. But Minister Atishi reaffirmed that Kejriwal would continue to serve as chief minister. “We have always said that Arvind Kejriwal would lead the government while incarcerated. He will continue to serve as Delhi’s chief minister. Top AAP strategists claim that no steps are being taken to replace Kejriwal as of yet.

If Kejriwal is found not guilty, he is legally allowed to stay in his position as chief minister. In actuality, Kejriwal took his time replacing Satyendar Jain and Manish Sisodia from the cabinet after their arrests. They’d both remained ministers without portfolios. In practice, Kejriwal’s lack of portfolios may strengthen the AAP’s argument. That would not be a prudent political move, however. Hemant Soren’s imprisonment was prevented in part because the chief minister of Jharkhand had resigned and shown the governor his mettle prior to being taken into custody.

IF THE RULES ARE SUFFECTED,?
As per the Representation of the People Act, 1951, an elected official is exempt from resignation until and until found guilty. Still, there’s a moral dilemma in holding this position.

Both Lalu Yadav and Hemant Soren had resigned, given the governor proof of their majority, and were thereafter placed under official detention. Kejriwal becomes the first chief minister to be detained while in office since he hasn’t resigned. To continue serving as chief minister, Kejriwal would require some kind of judicial or prison relief.

Delhi’s position as a state with a Union Territory makes the Lieutenant Governor’s job more crucial.

The L-G may point to a “breakdown of constitutional machinery” and suggest President’s Rule in accordance with Section 239 AB if Kejriwal chooses to continue as Chief Minister. In order to dismiss the government under Section 239 AA, the L-G may also provide the same justification.

WAY AHEAD
Sanjay Singh, the AAP’s Rajya Sabha MP, often served as the party’s fireman and stomped out irate MLAs and activists. Now that he is incarcerated as well, it is unclear who will take up that duty going forward. It would be up to AAP minister Gopal Rai, who has been with the party from its inception and is not just the most senior minister in the cabinet, to lead the flock.

If Kejriwal is taken into custody for an extended period of time and the AAP strategists determine that it is not politically feasible for him to remain chief minister, they may, with the chief minister’s approval, try to replace him. It’s probable that Sunita Kejriwal, Kejriwal’s wife, will take over.

Following Kejriwal’s incarceration, Punjab Chief Minister Bhagwant Mann is now the party’s tallest mass leader. Mann is also anticipated to have a significant impact on maintaining the unity of the flock and the aggressiveness of the party campaign. On Friday, the chief minister of Punjab is anticipated to arrive in Delhi.

The party’s campaign has already begun in Delhi, Gujarat, Punjab, and Haryana under Kejriwal. The AAP is running for 23 seats. But the real issue is whether the AAP’s second tier of leaders can continue the campaign’s flames now that its most prominent member is incarcerated.

Sandeep Pathak, the national general secretary of the AAP, tweeted that the BJP would pay a price for Kejriwal’s detention. The reason for AAP’s amazing victory in Punjab is Pathak. Additionally, he is the party’s principal negotiator inside the India bloc. The AAP anticipates using Kejriwal’s and the other AAP leaders’ arrests as a major electoral platform. As a popular leader with strong popularity in the nation’s capital, Kejriwal is expected to get the backing of the party.

As of now, AAP faces several obstacles: For what duration will Kejriwal be the Chief Minister? Will he name someone else as chief minister if his position as such becomes politically untenable? Would Kejriwal’s decision to lead Delhi from behind bars be contested, opening the door for President’s Rule in Delhi? How is the AAP going to safeguard its group of MLAs? Finally, who will be in charge of the AAP’s Lok Sabha campaign?