Arvind Kejriwal, despite his arrest by the Enforcement Directorate in connection with a money laundering case linked to the excise policy, can continue as the Chief Minister of Delhi, as there is no legal prohibition preventing an arrested individual from holding the post. Legal experts have confirmed that there is no specific law that bars an arrested person from serving as the Chief Minister.
Gopal Sankaranarayanan, a senior advocate, highlighted that according to the Representation of the People Act, an MLA can only be disqualified from holding office after being convicted of an offense. Therefore, until a conviction occurs, Kejriwal can technically continue in his role, even if he is in jail.
However, senior advocate Vikas Singh pointed out that while there may not be a legal impediment, it would be administratively challenging for Kejriwal to effectively discharge his duties as Chief Minister while in jail.
Section 8, Clause 3 of the Representation of the People Act outlines the disqualification of lawmakers, stating that a person convicted of an offense and sentenced to two years or more shall be disqualified. This disqualification lasts for six years after their release.
It's important to note that under Article 361 of the Constitution, only the President and Governor are granted immunity from arrest and court proceedings. The Prime Minister and Chief Minister of a state do not have such immunity. Therefore, legally, there is no impediment for Kejriwal to continue in his role as Chief Minister of Delhi despite his arrest.
