Can Arvind Kejriwal continue to be CM while in custody?


Syllabus: GS-II  Subject: Polity Topic: Executive Issue: Public office

Context: Arvind Kejriwal continuing to occupy public office (office of chief minister) while being in judicial custody.

  • An MLA/MP does not suffer disqualification for merely being in judicial custody.
  • However, Madras High court in Senthil Balaji case said that citizens expect that persons in power had high standards of moral conduct.

+1 advantage for mains(case law):

  • Manoj Narula versus Union of India 2014: Supreme court declared three basic norms for holding a public office.
  • Constitutional morality, that is, to avoid acting in a manner contradictory to the rule of law.
  • Good governance,that the government has to rise above narrow private interests and aim at doing good for the larger public interest
  • Constitutional trust that is, to uphold the high degree of morality attached to a public office.
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