sc-dilemma-kejriwal-s-bail-and-delhi-s-governance-hangs-in-balance

As the legal battle ensues over Delhi Chief Minister Arvind Kejriwal's bail plea in the Supreme Court, the significance of his role in the capital's governance comes sharply into focus.

 

Arrested by the Enforcement Directorate (ED) on March 21 in the excise policy case, Kejriwal's absence from his official duties has raised pertinent questions about the functioning of Delhi's administration.

 

The Centre's assertion in the Supreme Court that Kejriwal should refrain from official duties, even if granted interim bail for the Lok Sabha poll campaign, points the complexity of the situation.

 

Read more:No interim bail relief for Arvind Kejriwal, SC to hear matter again (newsarenaindia.com)

 

Despite being labeled a Chief Minister without a portfolio, Kejriwal's role remains pivotal, given the unique administrative framework governing Delhi.

 

"The Chief Minister of Delhi, irrespective of whether and how many portfolios he has, is every bit as important given the framework that governs the Capital", stated in the Government of National Capital Territory of Delhi (Amendment) Act, 2023.

 

Under this framework, matters falling under nine categories must be submitted to the Lt-Governor for his opinion through the Chief Minister and the Chief Secretary alone.

 

These encompass issues ranging from maintaining peace and tranquility to matters of administrative importance deemed necessary by the Chief Minister.

 

 "If at all we grant interim bail, we don’t want you to be performing your official duties", said Justice Dipankar Datta.

 

While the Supreme Court deliberates on Kejriwal's bail, concerns over his involvement in official duties persist.

 

Solicitor General Tushar Mehta, representing the ED, suggested that Kejriwal could be restricted to campaigning for the Lok Sabha elections without resuming his role as CM.

 

"Given the Capital’s complex administrative framework, the CM’s role is more complex compared to that of a state", remarked Senior advocate Abhishek Singhvi

 

Abhishek Singhvi, advocating for Kejriwal, emphasized the intricacies of Delhi's administrative setup, highlighting the CM's  multifaceted responsibilities.

 

From overseeing bureaucratic actions to spearheading day-to-day administration, Kejriwal's absence has created a void in the functioning of Delhi's governance.

 

The fate of Kejriwal's bail plea holds profound implications for Delhi's governance.

 

With the Chief Minister's role at the center of the debate, the Supreme Court's decision will shape the future of administrative affairs in the capital city.