Will Kejriwal’s bail conditions impact governance in Delhi?

As Delhi chief minister Arvind Kejriwal on Friday walked out of jail after the Supreme Court granted him bail, the Bharatiya Janata Party (BJP) stressed that the bail conditions placed on him by the apex court will mean that Kejriwal is “chief minister only for bungalow, car and security”. The Aam Aadmi Party (AAP) hit back, saying Kejriwal is “fully empowered to give directions” to all his ministers, and stressing that the bail conditions do not hamper governance in any way.
The top court granted Kejriwal bail in the excise policy case 2021-22 with some riders — he shall not visit the CM’s office and the Delhi secretariat, nor shall he sign official files unless necessary to obtain the lieutenant governor’s approval. Additionally, it directed Kejriwal not to make public statements about his role in the alleged irregularities in the formation and implementation of the now-scrapped policy.
The conditions were the same as imposed by another bench of the Supreme Court in July in a separate excise policy case being probed by the Enforcement Directorate (ED).
While the bail order will provide a boost to the AAP’s political ambitious as it prepares for upcoming Assembly elections in Haryana and Delhi, the question was whether the curbs placed on the CM would impact governance.
A former chief secretary of Delhi, who did not want to be named, said the CM is unlikely to face restrictions in holding meetings with officers at his camp office including the meeting of the cabinet. “On the directions of the chief minister, the chief secretary, who is the secretary to the cabinet, has to move a file containing the agenda of the cabinet meeting. The CM is required to sign the file to approve the agenda. The agenda of the cabinet meeting has to be sent to the LG for intimation. In such a scenario, I believe the CM can convene the cabinet meeting and take decisions,” the officer told HT.
However, other bureaucrats and officials stressed that it remained unclear whether Kejriwal can convene Cabinet meetings.
A separate retired IAS officer said there is lack of clarity on whether the CM can access files related to National Capital Civil Services Authority as the chairman of the NCCSA such as those related to disciplinary proceedings by ordering the officers to share the files with him. “The member secretary of the NCCSA is required to move a file to seek the chairman’s approval for convening the meeting . It is not clear whether the CM can on file approve the decision to convene the meeting of the NCCSA,” the officer said.
Policies awaiting the Cabinet nod include the AAP government’s proposed plan to provide ₹1,000 per month financial assistance to eligible women beneficiaries, the renewal of the electric vehicle (EV) policy, and the ambitious doorstep delivery of services scheme. Other decisions waiting for approval include launching the startup policy and the food truck policy.
Delhi BJP president Virendra Sachdeva said that essential government work came to a standstill in Delhi as the chief minister was in jail. “Now when the CM is being stopped from going to the office also, then it is clear that Kejriwal is the chief minister only for the bungalow, car and security,” he said.
He also sought the CM’s resignation. “Kejriwal may have been granted bail but he has no right to continue as the chief minister. When he cannot do the work of a chief minister, then why does he want to continue as the chief minister?” said Sachdeva.
The AAP, meanwhile, stressed that “work in Delhi will not stop”.
“Arvind Kejriwal is the chief minister of Delhi, who heads the council of ministers and oversees all the governance via the ministers of various departments. Arvind Kejriwal is fully empowered to give directions to all his ministers, so that work can be done in public interest,” the party said in a statement. “The only files that are signed by the chief minister are those that have to go to the LG, for which he has permission from SC… Therefore, no work of the people of Delhi will stop,” it added.
On the BJP’s claim, AAP leaders said this was part of a “narrative of a constitutional crisis” being created by the party.
“I have full faith that the people will get rid of the problems that they were facing for the last six months after Arvind Kejriwal comes out,” education minister Atishi said at a press conference at AAP headquarters, even as she said that Kejriwal used to regularly supervise works of the government during frequent meetings with ministers when he was in jail.
Water minister Saurabh Bharadwaj said, “The work of the AAP government is likely to be sped up following CM’s release. Most of the files that the CM signs are those that have to go to the LG from the elected government. CM can sign all such files that need to be sent to the LG for clearance and approval.”