1. Discussion Forums
    2. India
    3. Delhi
You must Sign In to post a response.
  • Category: Delhi
    Points:5

    Our founding fathers could not envisage such a situation

    Our Constitution is a very voluminous document. It contains more than one lakh words. My teachers used to say that those great men and women who wrote the Constitution of India envisaged all types of situations and tried to give solutions. But, unfortunately, they could not envisage such a situation.

    The Chief Minister of Delhi has had the 'honour' of becoming the first Chief Minister arrested in office. In the month of January 2024, the then Chief Minister of Jharkhand, Shri Hemant Soren, narrowly missed this 'honour'. Just before his arrest, he made another leader (Shri Champai Soren) of his party the Chief Minister of the state.

    Now let us come back to Delhi. Yesterday, after the arrest of Shri Arvind Kejriwal, the Chief Minister of NCR of Delhi, other leaders of the party have declared that Shri Kejriwal will remain the Chief Minister and he will run the Government from the jail.

    It is an unprecedented crisis which our founding fathers never imagined. So, the Constitution is silent on this issue. On the other hand, some senior officials and ex-officials of Tihar Jail have clearly stated that as per the jail code, an inmate can meet his/her relatives/friends/associates only twice a week.

    Under these circumstances, what would happen to the State Government of Delhi? Shri Kejriwal's party is very adament and has decided not to appoint anyone as the Chief Minister in place of Shri Kejriwal.

    It is a constitutional crisis for the people of Delhi! Why couldn't the founding fathers envisage such a situation while they were writing the Constitution?
  • #777662

    Points:4
    When there is no clarity in the rules and regulations in an issue under the framework of the constitution then the advantage is always with the accused. Until the crime of the person is established he would continue his work even from the jail.
    Generally on moral grounds people resign in such situations but in this particular case if the person is not willing to resign then it becomes a confusing situation. From time to time government also makes amendments to constitution to remove anomalies of this type.
    Thoughts exchanged is knowledge gained.

  • #777709

    Points:1
    Even 72 hours after the arrest of Shri Kejriwal, the problem persists. There is no alternate leader appointed by AAP to become the Chief Minister of the NCR of Delhi.

    This is a truly 'headless chicken' state.
    (a) Those who have forgotten Noakhali, how can they protest Sandeshkhali?
    (b) Have no fear of perfection - you'll never reach it. ---------- Salvador Dali

  • #777714

    Points:4
    Constitution is a vast document. There are so many things covered in it to the possible finest details. From time to time there are constitutional amendments which rectify the confusions and errors present in the original document.
    Court will only follow the constitution to the best interpretation possible.
    So, that is the framework under which a case is resolved and punishment, if applicable, is announced.
    In such an environment many people who understand these concepts clearly can play safe and even escape from the clutches of law.
    This is not the first time that such a crisis happened in our country. A person in position will not resign until one is proved guilty.
    Knowledge is power.

  • #777716

    Points:5
    Probably our founding fathers never anticipated that a necessity would come to arrest a person who is in power and heading a state. They never even thought about this situation. So the constitution is silent. But the individuals should have some thinking and at least on moral grounds should resign and name some other senior from his party as the Chief Minister. What is the problem in doing this? Some people will have a fear that if somebody is nominated, he may not vacate the seat when required.
    NT Rama Rao as CM went on a foreign trip. At that time he nominated another leader as CM. In thee absence of NTR, the temporary CM deceived NTR and became elected CM with the help of the then Opposition party (INC), Of course, he could not survive long in that post. Probably Kejriwal may be knowing this and so he is avoiding nominating somebody as CM in his absence,
    drrao
    always confident


    • Sign In to post your comments
    Submit New Thread
    Return to Return to Discussion Forum

    Top Contributors

    Today
      Last 7 Days

        more...

        About IndiaStudyChannel.com

        Being the most popular educational website in India, we believe in providing quality content to our readers. If you have any questions or concerns regarding any content published here, feel free to contact us using the Contact link below.

        GENERAL
        STUDY ABROAD
        EDUCATION

        Promoted by: SpiderWorks Technologies, Kochi - India. ©