AAP Likely to Sink: Potential Repeat of Bihar's Political Situation in Delhi?

Kejriwal's continued work as Chief Minister from jail is likely to cause a constitutional crisis, according to sources

Digital Desk: The arrest of the supreme leader of Delhi’s ruling Aam Aadmi Party is at an all-time low since their appearance in Indian politics in 2012. Before that, Kejriwal was engaged in many social activities. He was born out of protest, which became a major factor in exposing the UPA government’s corruption and mismanagement in the system.

However, allegations of corruption against Kejriwal were made against him when he earned his public image by speaking against corruption. The lawsuit involves alleged money laundering and irregularities in developing and implementing the Delhi Excise Policy 2022. This policy was later discontinued. The Ed detained the Delhi CM after he ignored the investigation agency's several summonses, nine in total, calling them "illegal.".

His arrest led to nationwide protests from AAP followers. Punjab CM Bhagwat Mann alleged the BJP in the centre that the ED is active only in the states where there is a non-BJP government. He says, "ED equals to BJP; Election Commission equals to BJP; NITI Aayog equals to BJP; CBI equals to BJP."

According to AAP's top strategists, there are currently no plans to replace Kejriwal. "We made it clear from the beginning that he would work from jail if need be. There is no law that stops him from doing so. He has not been convicted," NDTV quoted her as saying.

According to their official website, AAP has a 5-tier organisation ranging from national to state to district to block to primary. This explains that despite Kejriwal’s arrest, AAP can hold the government in Delhi and manage all organisational activities. However, the biggest question is who will lead the party in the party chief’s absence.

According to experts, there is no constitutional or legal requirement requiring a chief minister to resign if he goes to jail, but adhering to the jail manual may make it difficult for him to carry out his obligations. The circumstance, however, is "unprecedented" because Kejriwal's detention occurred within the 'pre-conviction' period. 

However, the President's Rule could be imposed because the term 'appropriate administration' in Article 339 (AB)(b) is unclear. Article 339(AB) (b) indicates that in the National Capital Territory of Delhi, the President's Rule can be enforced if the President judges "for the proper administration of the National Capital Territory it is necessary or expedient to do so," Deccan Herald noted.

In case he resigns, will his wife, Sunita Kejriwal, become the next Chief Minister, or Atishi Marlena?

While the Aam Aadmi Party (AAP) Supremo has stated that he will continue to serve the nation from behind bars if he resigns, Sunita Kejriwal, Arvind Kejriwal's wife, is a strong candidate to become the future Delhi Chief Minister. A day after Kejriwal's arrest, Sunita Kejriwal posted a message from him.

Kejriwal's continued work as Chief Minister from jail is likely to cause a constitutional crisis, according to sources, noting that when Lalu Yadav, Bihar's then Chief Minister, was jailed in the fodder scam case, he turned over his charges to his wife Rabri Devi.

In the AAP organisation currently, Pankaj Gupta, National Secretary, has much more power than Atishi Marlena, but the latter is more popular in the media. So, apparently, Kejriwal may not trust Atishi to lead, and there is a greater chance of repeating 2000's Bihar.

What is the situation in Delhi right now?

Delhi Education Minister Atishi Marlena said on Saturday, “Aam Aadmi Party has sought an urgent appointment with the Election Commission, to ensure a level playing field in the Lok Sabha elections. Despite the representation made yesterday, today Aam Aadmi Party office was sealed. Lok Sabha candidates and party leaders could not come to party office for campaign meetings. There was an IT Dept raid on the home of one of our MLAs.”