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Arvind Kejriwal's arrest has raised questions about whether he can continue to govern while behind bars. Legally, there's no explicit prohibition against a Chief Minister running the government from prison. However, the practicality of doing so is questionable. While Kejriwal hasn't been convicted yet, running the government from jail presents logistical challenges.
The Constitution provides immunity from civil and criminal proceedings to the President and Governors until their terms end. However, this immunity doesn't extend to Prime Ministers or Chief Ministers. They are treated equally under the law, subject to the right to equality.
The Representation of the People Act, 1951, outlines disqualification provisions for certain offenses, but a conviction is necessary for disqualification. A Chief Minister can only lose office through loss of majority support in the assembly or a successful no-confidence motion.
Kejriwal's situation isn't unique. Several Chief Ministers have faced arrest in the past. Some resigned before or after their arrest, while others continued to govern until convicted. For example, Jharkhand Chief Minister Hemant Soren resigned before his arrest, while Lalu Prasad Yadav and Jayalalithaa resigned after being convicted.
While there's no legal barrier to Kejriwal continuing as Chief Minister, the practical challenges of governing from jail, especially with key cabinet members also incarcerated, could pose significant obstacles. Ultimately, the unfolding legal proceedings and political dynamics will determine Kejriwal's fate and the functioning of the Delhi government.