Six months after being arrested by the Enforcement Directorate (ED) and later by the Central Bureau of Investigation (CBI) in the Delhi excise policy case, Delhi Chief Minister Arvind Kejriwal is set to be released from jail soon.
On Friday, the Supreme Court granted bail to the Aam Aadmi Party (AAP) leader, who was taken into CBI custody on June 26 while already under ED custody.
Although granted bail, Kejriwal will face restrictions that limit his ability to fully perform his duties as Chief Minister. He is prohibited from visiting the Secretariat or the Chief Minister’s Office, and can only sign files that require clearance by the Lieutenant Governor. Officials have indicated that while these restrictions may pose some challenges for the AAP government, they are expected to be manageable.
We are seeking legal clarity on whether this restriction prevents the CM from holding meetings with officials. His inability to visit the Secretariat isn’t a major issue, as many meetings have been held at his residence in the past. Additionally, Cabinet decisions can still be finalised through circulation, where files are moved, comments are sought, and ultimately, approval is obtained from the Lieutenant Governor as required,” a senior party leader said.
Kejriwal faces three key priorities immediately: a meeting of the Delhi Cabinet, the National Capital Civil Service Authority (NCCSA), and a reorganisation of Delhi’s Council of Ministers to include former Deputy Chief Minister Manish Sisodia.
One position in the seven-member Delhi Cabinet remains vacant following the resignation of Social Welfare Minister Raaj Kumar Anand earlier this year.
Bureaucratic sources noted that Kejriwal’s bail leaves some ambiguity regarding his exact role going forward.
“The Chief Minister doesn’t hold any specific portfolio, so no major changes are expected in the administration of the capital, though several important decisions are still pending,” a senior government official stated.
“One of the most significant tasks involves the posting of IAS officers, including ten who were recently transferred to Delhi from various locations under the AGMUT cadre. This responsibility falls under the NCCSA, which is chaired by the CM,” the official added.
With restrictions on Kejriwal’s access to the Delhi Secretariat and the Chief Minister’s Office, these tasks will need to be handled through file circulation, according to another senior official.
“Almost all files related to administrative decisions, particularly those concerning reserved subjects like land, police, and law and order, are sent to the Lieutenant Governor for approval. This will continue to be the case,” the official explained.
“In the CM’s absence, the Chief Secretary has been forwarding these files to the L-G Secretariat for approval after receiving them from the respective ministers, and this process is expected to continue,” the official explained.
“What remains to be seen is how the Delhi Cabinet, which can also make decisions through file circulation before sending them to the L-G for approval, will handle deliberations on such matters,” the official added.
