What happens to the AAP-led Delhi govt if Arvind Kejriwal is arrested?

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ALSO READ: Delhi Liquor Policy Case: ‘If Kejriwal is arrested…’: Atishi says on ED summons The Indian President and Governors are exempt from civil and criminal proceedings during their term in office. However this immunity does not apply to the Prime Minister or CMs. Tamil Nadu's J Jayalalithaa was the first Chief Minister to be convicted while holding office.

Aam Aadmi Party leader Saurabh Bharadwaj insisted on Wednesday that the Delhi government and his party would be run from jail in case the CM was arrested. While this would come with a slew of logistical difficulties, there is no law inherently prohibiting the Chief Minister from remaining in office if he is under investigation. It is also pertinent to note that Kejriwal's arrest or incarceration is mere speculation at this point.

A chief minister will only be disqualified from holding office if they are convicted. Jayalalithaa for example held office until she was convicted in the disproportionate assets case some three years into her term. WATCH: ED Summons Delhi CM; Kejriwal’s Excise Case Connection Explained It is also pertinent to note that members of Kejriwal's Cabinet were retained in their roles well after their arrest and imprisonment in connection with the same case.

Former Deputy CM Manish Sisodia's portfolios were reassigned two days after his arrest while former health minister Satyendar Jain resigned after more than a year in jail. Their status as Delhi MLAs however remains unchanged. Kejriwal has been issued the summons under the Prevention of Money Laundering Act and according to sources, the ED will record his statement once he deposes at the probe agency's Delhi office at 11 am on November 2.