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Delhi Chief Minister in jail UPSC NOTE

 With the Delhi Chief Minister in jail, how is the administration carrying out its tasks?

  • Mr. Kejriwal does not have any portfolios under him and there have been no cabinet meetings since his arrest. 

  • There has also not been a session of the Delhi Assembly since then

  • Individual ministers have been looking after their own departments

  • The party is currently focused on its election campaign

  • While deferring the MCD elections, the LG said that the circumstances were “peculiar” and “unprecedented” where the serving Chief Minister “cannot discharge his constitutionally obligated functions.”

  • The Constitution is silent about whether a person can continue as Chief Minister as remand prisoner. 

  • Section 8(3) of the Representation of People Act of 1951.

  • States that an MLA or MP can be disqualified when convicted and sentenced to at least two years in prison. 

  • Mr. Kejriwal has not yet been convicted in the case.

When can President’s Rule be imposed?

  • President’s Rule can be imposed in Delhi under Article 239AB of the Constitution

  • Delhi’s power structure is characterised by a delicate balance between the elected government and the Central government-appointed LG. If Mr. Kejriwal continues to remain in prison.

  • Stalling various administrative work, the LG can recommend to the President who can invoke Article 239AB citing.

  • President’s rule under Article 239AB was invoked in Delhi only once, in 2014, subsequent to Mr. Kejriwal’s resignation 49 days into his first tenure as Chief Minister. 

What are the challenges going forward?

  • In a recent order, the High Court censured the AAP government over non-supply of educational material and other statutory benefits to eight lakh students in the MCD-run schools

  • While noting that it is Mr. Kejriwal’s prerogative whether to continue as the Chief Minister or resign.

  • The High Court said national and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period time.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Delhi Chief Minister in jail UPSC NOTE
Delhi Chief Minister in jail UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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