What next for AAP, Arvind Kejriwal? As party says he will run govt from jail, why it is easier said than done

Who next and what next? Never have these questions been as relevant for a political party and a government as they are now for the Aam Aadmi Party.

As Arvind Kejriwal was arrested on Thursday evening, the party maintained that he will run the government from Tihar jail.

“There is no plan to change the Delhi Chief Minister or the party chief. We have said before that if he is arrested, he will govern from jail and that stance has not changed,” said Delhi Health and Urban Development minister Saurabh Bharadwaj.

That’s easier said than done given the new battlelines – political and Constitutional – that are being drawn.

For Kejriwal to remain CM, he would need some respite from courts. This is key because for a string of opposition ministers who were arrested, repeated denial of bail has been a gentle nudge to resign.

For Tamil Nadu Minister Senthil Balaji, arrested by the Enforcement Directorate in June last year, the Madras High Court in January asked how he could continue to be a minister 230 days after being arrested. Even within AAP, Manish Sisodia and Satyendar Jain tendered their resignations after being denied bail.

But if Kejriwal holds on to his post, the Centre could cite that to frame new constitutional challenges. For one, a Chief Minister governing from a jail could trigger questions of “failure of constitutional machinery in state” which could be used to argue for President’s rule under Article 239AB of the Constitution.

Delhi’s unique constitutional scheme allows for the Lieutenant Governor to report to the President to suspend the operation of Article 239AA which governs Delhi if the LG is satisfied that “a situation has arisen in which the administration of the National Capital cannot be carried on in