With the arrest of Aam Aadmi Party convenor and Delhi Chief Minister Arvind Kejriwal, AAP’s worst fears have come true.
A team of the Enforcement Directorate reached the CM’s residence a short while after 7pm on Thursday as the division bench of the Delhi High Court refused to provide interim relief or protection against coercive action or arrest to the chief minister. AAP’s legal strategy was to move the Supreme Court to challenge the high court’s order and ask for protection against arrest. However, the officers of the Enforcement Directorate moved before the AAP did. And a little after two hours of search and interrogation, they arrested the chief minister.
The arrest of its founder on the eve of the crucial Lok Sabha elections is perhaps the biggest challenge that the AAP has faced since its inception nearly 12 years ago on the anti-corruption plank. AAP has always stated that the arrest of its leaders is a political witch-hunt designed to silence one of Prime Minister Narendra Modi’s biggest critics, disable its campaign ahead of Lok Sabha elections, break the party, and topple the government.
With Kejriwal’s arrest, the entire top brass of the AAP is now behind bars. Minister Atishi, however, reiterated that Kejriwal will remain the chief minister. “We have always said that Arvind Kejriwal will run the government from jail. He will remain the chief minister of Delhi.” As of now, according to AAP’s top strategists, there is no move to find a replacement for Kejriwal.
As per law, Kejriwal can continue as chief minister as long as he is not convicted. In fact, when Satyendar Jain and Manish Sisodia were arrested, Kejriwal took his time before removing them from the cabinet. Both of them had continued as ministers without a portfolio. What may help AAP’s case practically is that Kejriwal does not hold any portfolios. However, it may not be a wise move politically. In the case of the arrest of Hemant Soren, the Jharkhand chief minister had resigned and proved his strength before the Governor before his arrest, thus saving his government.
WHAT DO THE RULES SAY?
According to the Representation of the People Act, 1951, until proven guilty, an elected representative does not have to quit. However, there is a moral question about continuing in office.
Lalu Yadav, and, most recently, Hemant Soren, had resigned, proven majority to the Governor and were then arrested formally. Since Kejriwal has not resigned, he becomes the first sitting chief minister to be arrested. However, Kejriwal would need some relief from the court or jail to be able to carry on as chief minister.
Given Delhi’s status as a state with a Union Territory, the Lieutenant Governor’s role becomes more important.
If Kejriwal decides to remain CM, the L-G may cite “breakdown of Constitutional machinery” and recommend President’s Rule under Section 239 AB. The L-G can also cite the same reason to dismiss the government under section 239 AA.
WAY AHEAD
AAP Rajya Sabha MP Sanjay Singh was often the party’s firefighter and shock absorber for disgruntled MLAs and activists. With him also behind bars, there is a big question over who will now play that role. AAP minister Gopal Rai, who is not just the senior-most minister in the cabinet but has been with the AAP since its founding days, will have to step up to keep the party’s flock together.
In the eventuality of a long arrest period, as is being apprehended by the AAP, and if the AAP strategists feel that Kejriwal continuing as chief minister is untenable politically, then the party — with the consent of the chief minister — may move to appoint someone else in his position. It is possible that Kejriwal’s wife, Sunita Kejriwal, fills his shoes.
With Kejriwal’s arrest, the next tallest mass leader in the party is Punjab Chief Minister Bhagwant Mann. Mann is also expected to play a big role in keeping the flock together and the party’s campaign in an aggressive mode. The Punjab chief minister is expected to reach Delhi on Friday.
Kejriwal has already launched the party’s campaign in Delhi, Haryana, Punjab, and Gujarat. AAP is contesting on 23 seats. However, with its biggest face behind bars, the big question is whether AAP’s second rung of leaders can keep the campaign fire burning.
AAP’s national general secretary Sandeep Pathak has tweeted that Kejriwal’s arrest will prove costly for the BJP. Pathak is the man behind AAP’s phenomenal Punjab win. He is also the person who is the key negotiator of the party within the INDIA bloc. The AAP expects to make Kejriwal’s arrest and the other arrests of AAP leaders a big election plank. The party hopes that people will support it, given that Kejriwal is a mass leader and commands great support in the national capital.
For now, AAP’s challenges are manifold: How long will Kejriwal continue to be chief minister? If the position of him continuing as chief minister becomes politically untenable, will he appoint someone else? In case Kejriwal does decide to rule Delhi from jail, would that position not be challenged and pave the way for President’s Rule in Delhi? What will AAP do to protect its flock of MLAs? And lastly, who will spearhead the AAP’s Lok Sabha campaign?
Comments
0 comment