Arvind Kejriwal Arrested: Delhi Chief Minister Arvind Kejriwal was arrested on Thursday (21 March) in a money laundering case related to the excise scam. He is the first CM to be arrested while in office. The Aam Aadmi Party (AAP) says that he will remain in office. In case Arvind Kejriwal does not resign, President’s rule may be imposed in Delhi. Delhi is a Union Territory and in such a situation, the role of Lieutenant Governor Vinay Saxena becomes very important.
In law, LG has the right to recommend President’s rule citing breakdown of constitutional machinery or failure of constitutional mechanism. LG has been given this right in section 239 AB of the Representation of People Act, 1951. Let us know when President’s rule was imposed in which state and during which Prime Minister’s tenure-
Table of Contents
Prime Minister | How many times President’s rule was imposed |
Narendra Modi | 8 |
Manmohan Singh | 10 |
PV Narasimha Rao | 11 |
Rajiv Gandhi | 6 |
Indira Gandhi | 48 |
Jawaharlal Nehru | 7 |
When and in which state was President’s rule imposed-
States/Union Territories | When was President’s rule imposed? | When was President’s rule lifted? |
Maharashtra | September 28, 2014 | October 31, 2014 |
Arunachal Pradesh | 26 January, 2016 | February 19, 2016 |
Uttarakhand | March 27, 2016 | May 11, 2016 |
Maharashtra | November 12, 2016 | November 23, 2019 |
Jammu and Kashmir | January 9, 2016 | March 1, 2015 |
Jammu and Kashmir | January 8, 2016 | April 4, 2016 |
Jammu and Kashmir | February 19, 2018 | October 31, 2019 |
Puducherry | February 23, 2021 | May 5, 2021 |
Arvind Kejriwal has been arrested in the Delhi liquor policy scam case. Before him, Manish Sisodia and AAP MP Sanjay Singh were also arrested and both of them are in jail. At the same time, Satyendra Jain, who was a minister in the Delhi government, is also in jail. In such a situation, there is a discussion that if Arvind Kejriwal resigns, then who will take the responsibility of Delhi. For this, the names of Atishi, Saurabh Bhardwaj and Arvind Kejriwal’s wife Sunita Kejriwal are being discussed. At the same time, the names of Atishi, Punjab CM Bhagwant Mann and Sunita Kejriwal are coming up for the convener of Aam Aadmi Party.
What does the Constitution say about President’s rule?
According to the law, if a government official goes to jail, then there is a rule to suspend him. However, there is no such clear rule for politicians. Still, if Chief Minister Kejriwal refuses to resign, then President’s rule can be imposed in Delhi. Now the question arises that when can President’s rule be imposed. Regarding this, Article 356 of the Constitution says that President’s rule can be imposed in any state if the constitutional machinery fails or there is a disruption in it.
On what basis is President’s rule imposed?
Two main reasons can be used as the basis for imposing President’s rule in Delhi. First, when a government is not able to run the government according to the Constitution, then President’s rule can be imposed in any Union Territory or full state. Second, when the state government has completely failed to implement the instructions of the central government, then also such a step can be taken. All the powers of the state go to the President.
The cabinet will be dissolved if President’s rule is imposed
Allahabad High Court lawyer Anandpati Tiwari says that Delhi is not a full state. Therefore, if Chief Minister Arvind Kejriwal does not resign, the President can impose President’s rule in Delhi. The cabinet will be dissolved automatically after the imposition of President’s rule. Let us tell you that the Governor, Chief Secretary and other administrators or advisors are appointed only on the orders of the President.