Was the Delhi High Court's dismissal of a petition questioning the legality of Arvind Kejriwal's arrest the beginning of the end for the Aam Aadmi Party (AAP) government in the national capital? Following the rejection, Kejriwal's cabinet colleague Rajkumar Anand resigned. Anand is not a high-profile leader. He's not even a party stalwart.
However, this clearly shows that all is not well within the party, and there is serious dissatisfaction within the party over the past few years of party management. I am not speculating that more resignations are expected, but I cannot rule out that possibility. It may not be impossible that Mr. Anand resigned under pressure from the investigating agencies. It is no longer a secret that these institutions are used to attack opposition governments and political parties. In fact, it's now the norm.
AAP is very vulnerable
Since the resignation of the Kejriwal government in 2014, several attempts have been made to target AAP. At the time, a Bharatiya Janata Party (BJP) leader was caught on camera offering Rs 4,000 crore to an AAP MLA. In Kejriwal's second stint as chief minister, when minister Kapil Mishra was removed, a serious attempt was made to lure in most of the MLAs and oust the government. However, due to timely intervention, those attempts were unsuccessful. However, AAP is currently very weak.
This is the first time that AAP will operate in an environment where Kejriwal will not be available 24×7. Although he has not resigned from the CM position and remains the party's national convener, his operational capabilities are very limited. The group is basically trying to swim without his “lifeguard” services. And this is happening for the first time since the creation of AAP.
No left rudder
AAP is centralized around Kejriwal. MPs, office bearers, MLAs, MPs and ministers are not free to take decisions without consulting the chief executive. There is no political party organization. So far, AAP's functionality can best be described as a “programmed robot” that behaves or performs according to programmed software. Kejriwal's arrest has crippled the AAP. Nevertheless, the party showed remarkable ability to fight back. One reason for this is that Mr. Kejriwal had anticipated that he would be arrested sooner or later and had prepared a blueprint to deal with the crisis accordingly. He had also delegated responsibility to leaders to deal with the situation in his absence. And he continues to issue instructions from prison.
The saving grace is that Sanjay Singh is out on bail after spending six months in jail. He is third in the party hierarchy after Kejriwal and Manish Sisodia. A street fighter, he is highly political and has close ties to party officials and leaders. His release certainly gave new life to the beleaguered party.
constitutional morality
But Kejriwal's insistence on running the government from prison could spell doom not only for the government but for the party in the long run. Ideally, he should have passed the baton to his most trusted aides before going to prison. Unlike Lalu Yadav, Jayalalithaa and Hemant Soren, he did not choose a successor.
Kejriwal's actions may not technically violate the constitution, as he is silent on the question of whether the prime minister can run the government from prison. However, his actions do not follow constitutional morality and disrespect his basic ethos. Kejriwal is known for challenging the established path, which is also the reason for his remarkable success. But this time he seems to have misjudged himself, which may cost him and his party dearly.
It is true that the Delhi High Court has rejected three petitions seeking to prevent him from continuing as prime minister. The court also refused to accept this request. He argued that remedies were available within the executive branch and refrained from stepping into the jurisdiction of other countries. Sooner or later, the central government will have to take a decision. At present, for all practical purposes, Mr Kejriwal is “incompetent” as Prime Minister.
Two routes to take
When a leader becomes Prime Minister, they are expected to perform their duties accordingly. If this is not possible, his continued appointment should be scrutinized. In such exceptional circumstances, two institutions can intervene.
The first option is that the party could call a parliamentary meeting to elect a new leader. The Lieutenant Governor or Governor (as applicable) must be notified and a new Cabinet installed to replace the incumbent. In this case, AAP is unlikely to do anything like that. The entire party is staunchly supporting Kejriwal.
In this scenario, the LG of Delhi can take the initiative. He can do two things. First, it could send a report to the central government that the constitutional machinery in Delhi has collapsed and that presidential rule should be imposed. I oppose the imposition of presidential rule anywhere in the country where a duly elected government exists. But Delhi is an exception. In the capital, teeth Although it is a duly elected government, neither the prime minister nor his party has shown any inclination to adhere to constitutional morality.
Secondly, the LG could send a message to the Delhi Assembly through the Speaker advising that the House leadership is incompetent and unable to discharge the duties of the Prime Minister and that the House has an obligation to elect a new leader. can. And if the House chooses to ignore his advice, the president can ask the national government to impose his rules.
go against tradition
It is a mistake to think that the Constitution is just a document. It is a living thing and evolves with traditions and customs. Following constitutional tradition, once a prime minister is accused of corruption, he resigns if imprisonment is imminent. If Mr. Kejriwal and his party do not want to follow the constitutional tradition, the LG will not be able to wait forever for his resignation. If he does so, it risks both the Prime Minister and the LG office not adhering to constitutional morality in letter and spirit.
In my opinion, the central government will need to intervene sooner or later. The world is paying attention. We may want to wait for the Supreme Court's decision, which is scheduled to be heard today. In any case, the AAP government is looking at a major crisis.
(Ashutosh is the author of 'Hindu Rashtra' and co-founder of SatyaHindi.com)
Disclaimer: These are the author's personal opinions.
