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.

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