Naturally, Delhi Chief Minister Arvind Kejriwal's arrest in a money laundering case related to the excise scam and his subsequent imprisonment will affect the functioning of the Delhi government.
Aam Aadmi Party (AAP) leaders have been continuously saying that the Chief Minister will run the government from jail, but practically speaking, it is not easy to run the government from jail. Even the jail manual cannot be changed for the Chief Minister.
In such a situation, there will be a need to ensure that the functioning of the government is not affected. The question arises how practical is it to run the government from jail? And won't this affect the functioning of the government? What are Delhi's options in the current circumstances? How can Delhi deal with this situation? Our today's issue is to investigate this.
How easy is it to run the government from jail in a Union Territory?
If such a situation arises in any state that the Chief Minister has to go to jail, then the functioning of the government can go on there. CM can hand over his portfolio to any other MLA or minister without resigning. He can make decisions on their behalf, but since Delhi is a Union Territory, it is very difficult to do so here.
The government can be run while in jail only with the special permission of the court. That too is directly against the jail rules and would not be appropriate from the point of view of position and confidentiality.
The current situation in Delhi is bound to have an impact on the daily functioning of the government and is already having an impact. It's been two weeks, no decision has been taken.
CM has to call the cabinet to make decisions
The constitutional system here is such that the CM has to call the cabinet to make a decision and then the file of that decision has to be sent to the administrative head i.e. LG for approval.
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