What happens if Arvind Kejriwal is arrested? Can he stay CM of Delhi or must he appoint a successor?

Arvind Kejriwal, the Chief Minister of Delhi, has been called in for questioning by the Enforcement Directorate, scheduled for November 2, 2022, about liquor scam. As it stands, however, it remains unclear whether the Chief Minister will present himself to the central agency on time or request an extension.

Several members of the Aam Aadmi Party’s (AAP) top ranks, along with Kejriwal’s most trusted lieutenants, are presently in prison. These include individuals who are the main faces of the government and the party. Sanjay Singh, a member of the Rajya Sabha; Manish Sisodia, the former Deputy Chief Minister; Vijay Nair, the party’s communication strategist and Satyendar Jain, an AAP Minister, have all been arrested.

Uncertainty Over the Arvind Kejriwal Chief Minister’s Status

Growing speculation suggests that additional arrests may be underway, potentially involving Chief Minister Arvind Kejriwal. The second-in-command of the Delhi cabinet, Atishi, shared with the press that Kejriwal is expected for questioning, not for formal inquiry, but for arrest. Noticeably, despite these allegations, neither the Enforcement Directorate nor the Central Bureau of Investigation has named him as a suspect in any of the cases being examined.

So what is next for the Chief Minister, now under a cloud of uncertainty? Legal pundits suggest that there are no constitutional or legal obstacles preventing Kejriwal from continuing as the Chief Minister if his arrest does indeed occur. This scenario could, however, establish an unprecedented predicament in Indian politics and raise moral issues.

Potential Legal Scenarios and Available Choices 

Constitutional expert PDT Achary suggests that there is no legal basis for disallowing any Chief Minister, state or union territory, from continuing in office while under investigation. If arrested, Kejriwal could continue as the Chief Minister, but he must delegate his responsibilities for coordinating cabinet meetings to another minister. Achary explains that it would take a conviction of two years or longer for any offense in any court to result in a loss of membership for an elected representative.

Take into consideration the case of Satyendar Jain, who was detained in May 2022 under the Prevention of Money Laundering Act. Jain was still in office as a Minister, albeit without a portfolio, for almost nine months until February 28, 2023. Kejriwal strongly defended Jain when repeatedly challenged regarding the BJP’s demand for Jain’s resignation. As things stood then, AAP was wary that once one legislator was ousted, others would eventually follow suit, leading to reluctance in accepting responsibility among other party members.

Another possibility is that Kejriwal could step down from his post and delegate his duties to another individual. AAP has been fretting over Kejriwal’s possible arrest and has been doing so ever since he was summoned for examination by the Central Bureau of Investigation earlier in April this year. Despite these challenges, Kejriwal insists that the entire excise policy case is misconceived.

What could be AAP’s next move if arrest happened

AAP is understood to have a solid legal and political blueprint laid out in a format that can be set into motion in case of Kejriwal’s possible arrest. While the specifics of these plans are closely guarded, Kejriwal maintains that these moves are part of a larger strategy by the BJP-led central government to undermine AAP. Saurabh Bhardwaj, a party member, also reinforces that should all AAP leaders end up behind bars, the government might have to operate out of custody.

You might also intersted in – Will Arvind Kejriwal be PM Face for Oppn? Know What AAP Leaders Have to Say