Delhi CM Arvind Kejriwal’s absence was affecting policy decisions, welfare measures

NEW DELHI: A Delhi court's decision to release chief minister Arvind Kejriwal on bail has come at a time when his incarceration had started reflecting on the overall governance of the capital.
Though routine matters were being handled by secretaries and department heads under the overall supervisory control of the respective ministers while Kejriwal was in jail for three months, his presence was required for taking major policy decisions and providing direction to govt.This is especially important with the Delhi assembly elections just a few months away and several crucial policies and welfare measures requiring the chief minister’s approval and the cabinet’s nod still in the pipeline.

The appointment of a new minister to replace Raaj Kumar Anand, who resigned from govt and party ahead of the Lok Sabha polls; Mukhyamantri Mahila Samman Yojana, under which Rs 1,000 per month will be given to all women above 18 years of age; revision of dearness allowance in minimum wages; a policy for the overall strengthening and maintenance of the city’s arterial roads; and several proposals to turn Delhi into a modern city – cloud kitchen, food trucks, Dilli Bazaar, start-ups, and industrial and economic development policy – are awaiting the overall nod of the govt for implementation.
The appointment of the presiding officer for MCD polls, appointment of two pro tem members of Delhi Electricity Regulatory Commission, shuffling of heads of various medical colleges and hospitals and disciplinary action against various officers in corruption cases are also in limbo as many of these require approval of National Capital Civil Service Authority, which the CM chairs as its ex-officio member.
Kejriwal was arrested in a money-laundering case linked to the now-rescinded excise policy on March 21 and was sent to Tihar in judicial custody on April 1. The Delhi CM, who heads Aam Aadmi Party as its national convener, was granted interim bail for three weeks in May to campaign for the party for the Lok Sabha polls. During his time out of jail, he could dispose of just one file – related to the resignation of one of his ministers from the cabinet – but several pressing issues have been awaiting his release from jail.
Taking a firm stand that he will run his govt from inside jail, Kejriwal neither resigned as chief minister, nor named any of his cabinet colleagues as acting CM. Kejriwal and his party argued that the Constitution does not bar him from holding the post of CM since he was still an undertrial and not convicted in the case. They cited a couple of examples of undertrials being provided with facilities – separate office, computer, and internet – to run their offices from jail and demanded that Kejriwal should also be given those provisions. The party or the chief minister were yet to move court with a petition for the same.
Experts said presence of the chief minister is important for effective running of the administration. A senior serving bureaucrat said the chief minister not only decides on important policy decisions but also gives direction to govt.
“At a time when the assembly elections are only a few months away, it is the CM who has to tell the administration about the kind of development schemes and programmes that are required to be prioritized,” said the official, requesting anonymity. “Though no big decision could have been taken in the past two months or so due to the elections and imposition of the model code of conduct, there was no bar on the CM holding closed-door meetings with his ministers and senior bureaucrats to prepare a roadmap for the next six months. That time was unfortunately lost. But with his release from jail, decision-making will pick up speed,” said another bureaucrat.
Though he has not kept any portfolio with him, bureaucrats and constitutional experts said as the head of the council of ministers, the chief minister not only chairs cabinet meetings but also acts as a crucial cog in the administrative wheel of govt when it comes to matters related to the central govt, judiciary and coordination with neighbouring states. All files that require the approval of the LG can be sent to him by the chief minister only.
According to provisions of The Government of National Capital Territory of Delhi (Amendment) Act, 2023, matters falling under nine different categories that require to be submitted to the LG for his opinion are forwarded through the chief secretary and chief minister.
“Several files on which notifications have to be issued after approval of the LG have to go through the CM. This is the requirement under the law and the LG won’t even accept those files unless they are sent through a proper hierarchical channel,” said former Delhi secretary Omesh Saigal. “Though 90 per cent of the work is done at the secretary level, the remaining 10 per cent, which is decided at the top level by the CM and in cabinet meetings, is important and cannot be stalled for a long time,” he added.
As per the GNCTD Act, it is the CM who communicates to the LG all decisions of the council of ministers relating to the administration of the affairs of the capital and proposals for legislation; and if the LG asks for it, any matter on which a decision has been taken by a minister but has not been considered by the cabinet. Matters which affect or are likely to affect the peace and tranquility of Delhi, affect the interest of any particular community, or affect the relations of the Centre or a state govt or judiciary; mercy petitions; and summoning, prorogation and dissolution of the legislative assembly are also sent to the LG only by the CM.
Now that the CM will be back, things can start moving unless the higher courts stay or overturn the bail order.