Kejriwal’s bail, resignation and the road ahead

September 17, 2024

DHAKA – Barely 48 hours after Aam Aadmi Party (AAP) chief and Delhi Chief Minister Arvind Kejriwal walked out of high-security Tihar jail on September 14, following bail granted by the Supreme Court in a case of alleged graft, he made the dramatic announcement of stepping down from office in a couple of days. He made the announcement while addressing a meeting of AAP workers in New Delhi. Kejriwal, who was released from prison nearly six months after his arrest in the excise policy corruption case, said, “I will only sit in the chief minister’s chair after people give me a certificate of honesty. I want to undergo ‘agnipariksha’ (trial by fire) after coming out of jail. I will become chief minister, (Manish) Sisodia deputy CM only when people say we are honest.” He also stated that, since fresh elections for the 70-member Delhi assembly are due in February, he demanded that the elections in the national capital be held in November, along with that of Maharashtra.

Kejriwal’s reasoning for his resignation has raised at least two questions. Does he believe that only a fresh electoral victory can establish his honesty? What then happens to the court’s role, which either convicts or absolves a person of charges? Can an electoral victory override a court’s ruling on a person’s culpability? There have been many instances of individuals holding constitutional posts resigning after court convictions. Kejriwal argues that, since the trial in his cases is time-consuming, he prefers to seek a fresh electoral mandate. If he leads his party to victory in the Delhi Legislative Assembly elections and becomes chief minister again, what happens if the trial court convicts him? Can electoral mandate be a substitute for