Context

Recently, the Delhi Chief Minister was arrested by the Enforcement Directorate (ED) on charges of corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22, which was later scrapped.

What Does this Arrest Highlight?

• Delhi CM Arrested Under PMLA

• • Delhi CM had become the first serving CM in the country to be arrested under the Prevention of Money Laundering Act (PMLA).

• Delhi CM Arrested: Arising Concerns

  • Against the Law: The selective use of the ED to target the Opposition by the Ruling Government.
    • As per experts, the summons given to Delhi CM was already being applied in a highly discretionary way. 
  • Against the Democratic Value: Arrest in the middle of a general election campaign is an unprecedented display of impunity that does not allow the Opposition to mobilize its resources for elections.
  • A Politically Motivated Move: It is argued that despite numerous raids and investigations, no evidence of wrongdoing has been found and it is a politically motivated move.
  • Need: The judiciary needs to play a significant role by dismantling the instruments of oppression, and the political opposition needs to come together and not treat this issue as merely a legal or administrative battle. 
    • It needs to mobilise within the bounds of the laws politically. Presenting a Severe Challenge: It underscores the complexities and challenges associated with combating corruption and ensuring transparency within governmental institutions.
  • About Corruption:
    • Refers: As per Transparency International, corruption is the abuse of entrusted power for private gain. 
    • India’s Position: Transparency International’s Corruption Perception Index (CPI), 2023 positioned India at 93 out of 180 countries.

• • • • The CPI ranks 180 countries and territories around the globe by their perceived levels of public sector corruption, scoring on a scale of 0 (highly corrupt) to 100 (very clean).
    • Concerns: It erodes trust, weakens democracy, hampers economic development and further exacerbates inequality, poverty, social division and the environmental crisis.

Can a Sitting CM Hold Office While in Jail?

• Arising Question on Continuing to Hold Public Office: There is a question arising can a Chief Minister serve while in Jail? 
• Legal Provision: According to experts, there are no constitutional or legal provisions that prohibit a Chief Minister from serving while in Jail. 
  • Role of LG in Delhi: While there is no legal bar on Kejriwal continuing as CM, the LG has a critical role to play. The LG can recommend the imposition of the President’s rule.

• • According to the rules, the Chief Minister loses position:
    • If he/she loses the majority in the House
    • His/her party asks to step down
    • He/she resigns from the position
  • On Disqualification: As per section 8 of the Representation of the People Act, 1951, conviction is required for disqualification. 
  • Basic Norm for Holding a Public Office: The Supreme Court in Manoj Narula versus Union of India held that the fundamental norm for holding a public office was:
    • Constitutional Morality: This means avoiding acting in a manner contradictory to the rule of law. 
    • Good Governance: The government has to rise above narrow private interests or parochial political outlook and aim at doing good for the larger public interest. 
    • Constitutional Trust: To uphold the high morality attached to a public office.
• Implication: The outcome of his case could have far-reaching consequences for the political landscape in the entire country.

Way Forward

• For Statutory Institutions: 

  • Statutory institutions like ED need to be strengthened and accountable by:
    • Ensure Functional Autonomy: There is a need to provide Functional independence to ED and also the protection of ED officers from political interference.
    • Provide Statutory Backing: Ensuring statutory status by means of adequate legislation will maintain the independence of the Enforcement Directorate and maintain its accountability.

• For Judiciary:

• • The judiciary needs to take their action on filling the loopholes that can be politically misused. 
    • Example: The Prevention of Money Laundering Act (PMLA), on which the Supreme Court had put its seal of approval (‘Kafka’s Law’, IE, July 29, 2022), that can be politically misused. 
  • The Court’s need to make amendments in following issues like erratic record on bail, its constant support of the Executive, etc. to maintain Indian constitutional values.

• For Government: 

  • The Government needs to follow and promote Constitutional and ethical values.
    • Kautilya’s views on the importance of promoting ethical conduct and good governance remain relevant today, and efforts to combat corruption continue to be a key priority for governments and international organisations worldwide.
    • Kautilya recommended a range of measures to promote transparency, accountability, and ethical conduct in public service.