India

Supreme Court Rejects Petition To Remove Delhi CM Kejriwal; Upholds Constitutional Process

The Supreme Court has dismissed a petition seeking to remove of Arvind Kejriwal, the Chief Minister of Delhi, from his post. The bench, comprising Justice Sanjeev Khanna and Justice Dipankar Dutta, clarified that while it might be a matter of debate whether Kejriwal should continue as Chief Minister while in custody, there is no legal basis to demand his removal. The court emphasized that any action regarding Kejriwal’s status should be taken by the Lieutenant Governor, and the court would not intervene in this matter.

This decision aligns with the stance previously taken by the Delhi High Court, which also rejected a similar petition. The High Court stated that if there are concerns about the functioning of the government, it is within the purview of the Lieutenant Governor to address them, and the judiciary should not be embroiled in political debates. Moreover, the High Court suggested imposing fines to deter future petitions on the same issue.

The petitioner, Sandeep Kumar, faced criticism from the High Court for filing a petition that had already been rejected twice by the Division Bench. Consequently, the court recommended imposing a substantial penalty on the petitioner. The court underscored that such petitions, framed as public interest litigation, should be thoroughly considered before submission.

Kumar’s petition argued that Kejriwal’s arrest in connection with the Delhi Liquor Policy scam, under the money laundering law, rendered him unable to fulfill his duties as Chief Minister. According to Section 239AA(4) of the Constitution, the Chief Minister heads the Council of Ministers, which advises the Lieutenant Governor. However, with Kejriwal in jail, practical difficulties arise in providing advice to the Lieutenant Governor, thus justifying Kejriwal’s removal from office, as per the petition.

However, both the Supreme Court and the Delhi High Court found no legal grounds to support this argument, emphasizing the need for institutional mechanisms, rather than judicial intervention, to address such matters. This ruling reaffirms the separation of powers and the importance of adhering to constitutional processes in matters concerning the governance of Delhi.

Also Read: Supreme Court To Hear Petition On May 17 Over Demand To Release Poll Turnout Data Within 48 Hours

Srishti Verma

Recent Posts

“A Surge of Emotion In The Ocean Of Sanatan Dharma,” Acharya Pramod Krishnam Meets Pandit Dhirendra Shastri

Posting a photo of the meeting on the social media platform X, Acharya Pramod Krishnam…

6 hours ago

Asian Geography Conference Champions Youth As Vanguards Of National Development

Colonel Mustafa urges youth to use geography actively for disaster management, policy, and national development.

9 hours ago

India Sends Record 111-Member Squad To Deaflympics 2025 In Tokyo

India names a record 111-member team for Deaflympics 2025, competing across 11 sports disciplines.

9 hours ago

PM Modi, Leaders Extend Birthday Wishes to Bharat Ratna LK Advani

PM Modi, Amit Shah, and leaders extend birthday wishes to Bharat Ratna LK Advani.

10 hours ago

Justice Vikram Nath Hails PM Modi’s Vision For Accessible & Technology-Driven Justice At NALSA Conference

Justice Vikram Nath praised PM Modi’s vision for inclusive, tech-driven justice and legal empowerment.

10 hours ago

Justice Surya Kant Calls For Empathetic Tech-Driven Legal Aid System At NALSA Conference

Justice Surya Kant urged empathetic, tech-driven legal aid reforms to make justice accessible and inclusive.

10 hours ago