Kejriwal’s bail plea in SC, here’s why the Chief Minister’s role is crucial to Delhi’s governance

The Government of National Capital Territory of Delhi (Amendment) Act, 2023, which forms the foundation of the Capital’s administrative framework, makes it mandatory for matters falling under 9 categories to be submitted to the Lt-Governor for his opinion through the Chief Minister and the Chief Secretary alone.

These include matters ranging from those “which affect or are likely to affect the peace and tranquility of the National Capital Territory of Delhi”; those affecting its relations with the Central or any State Government, the Supreme Court of India or the High Court of Delhi; mercy petitions; summoning, prorogation and dissolution of the Legislative Assembly; and “any other matter of administrative importance which the CM may consider necessary.”

Even as it deferred its decision on granting interim bail to Kejriwal, the Supreme Court observed Tuesday that the Delhi Chief Minister may not be allowed to perform his official duties. “If at all we grant interim bail, we don’t want you to be performing your official duties,” Justice Dipankar Datta observed.

Solicitor General Tushar Mehta, who appeared for the ED, while opposing the grant of bail, agreed that even if granted bail, Kejriwal could be restricted to campaigning for the Lok Sabha elections but not take on official duties as CM. Mehta said that as a CM without a portfolio, Kejriwal may not even be required to play an official role till the elections.
Senior advocate Abhishek Singhvi, who appeared for Kejriwal, countered the argument that Kejriwal will not sign any files while on interim bail on the condition that the L-G will not stop any work on the grounds that the CM has not signed on the file.

But, given the Capital’s complex administrative framework, the CM’s role is more complex compared to that of a state. In addition to chairing the body that takes a call on the transfer, posting and vigilance-related actions of bureaucrats, the Chief Minister’s office is the fulcrum of file movement which, in turn, is the foundation of day-to-day administration.

This has been brought to the fore several times by L-G V K Saxena since Kejriwal’s arrest. The most recent instance of this was in relation to the deferring of the MCD mayoral elections because, in Saxena’s words, Kejriwal was “unable to perform his duties”, referring to the appointment of a Presiding Officer for the internal polls.

“It is a requirement of law that… the matter should be placed before me through the Hon’ble Chief Minister and Chief Secretary only… the views, only of the Chief Minister, are required on file before arriving at a decision,” Saxena had noted on the file related to the process.