Can Arvind Kejriwal run government from behind the bars? Here is what the law says

Delhi Chief Minister Arvind Kejriwal was on March 21 in connection with the Delhi liquor policy case. The arrest came after Kejriwal skipped nine summons by the investigating agency in the case. 

Hours before his arrest, the High Court Kejriwal protection from the arrest. Arvind Kejriwal has become the second Opposition Chief Minister to be arrested by ED in less than two months. Before him, Jharkhand Chief Minister Hemant Soren was arrested in January, 2024 by ED in connection with a graft case. Soren was, however, replaced by his party colleague Champai Soren as the new CM of Jharkhand.

Ever since the ED issued summons to Kejriwal in November, the Aam Aadmi Party (AAP) leaders have maintained that he will not resign and instead run the government from behind the bars. But can an arrested Chief Minister run office from behind the bars? 

Delhi government minister , soon after Kejriwal's arrest, that he will not resign as the Chief Minister of Delhi. Here is what the law says.

and Governors of states and Union Territories are the only constitutional post holders who are immure from civil and criminal proceedings until his/her term ends, as per the law. Article 361 of the Constitution says that the President of India and Governors of states are not answerable to any court of law for “any act done in discharge of their official duties".

But the immunity doesn't cover the Prime Ministers or Chief Ministers who are treated as equals in front of the Constitution that advocates the Right to Equality before the law. Yet, they are not disqualified just by an arrest. 

Running office from behind the bars is logistically impractical, but there is no law that stops a from doing so. As per the law, a Chief Minister can only be