CHIEF
MINISTER - POLITY
News:
“Can Kejriwal continue to
be CM while in custody? Lessons from the Senthil Balaji case
What's
in the news?
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There are inquiries about whether Delhi
Chief Minister Arvind Kejriwal can remain in his position as CM after being
remanded in judicial custody.
1.
No Prohibition:
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According to constitutional experts, no
constitutional or legal provision exists to prevent him from continuing.
According to the rules, he loses his
position only if
○
He loses the majority in the House
○
His party asks him to step down
○
He resigns from the position
2.
Conviction Required for Disqualification:
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According to Section 8 of the Representation of the People Act, 1951, conviction
is necessary for disqualification. As of now, CM of Delhi has not been
convicted that means he can technically and legally continue in office.
●
Section
8 (3) of the Representation of the People Act deals with
disqualification of a lawmaker and says a person convicted for an offence and
sentenced to two years or above shall be disqualified from the date of such
conviction. It says the lawmaker shall continue to be disqualified for a
further period of six years after his release.
●
There is no specific provision in the law that a chief minister had to
necessarily resign and pass on the baton to somebody if he or she was arrested.
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Since Kejriwal hasn’t been convicted, he
can legally stay in office. However, governing from prison presents practical
challenges.
Only
Practical Challenges:
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Practical issues may arise as he would be
required to lead Cabinet meetings, consult with colleagues on decisions, and
review minutes for approval.
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However, in jail, he would be subject to
the jail manual, which could pose difficulties.