Delhi HC on Kejriwal: No CM can remain absent for long, it's against national interest

The Delhi High Court said on April 29 that the role of a chief minister is far from ceremonial, stressing the necessity for the office holder's continuous presence, especially during emergencies. This pronouncement follows sharp criticism directed at Arvind Kejriwal, the Chief Minister of Delhi, for his absence during a recent controversy surrounding his alleged involvement in a liquor scam.

The High Court's remarks highlighted the crucial responsibilities entrusted to the Chief Minister, stating that the position requires constant availability to address crises such as natural disasters and emergencies like flooding, fire outbreaks, and disease outbreaks. Acting Chief Justice Manmohan and Justice Manmeet PS Arora reiterated that national and public interest demand the uninterrupted presence of the Chief Minister, highlighting the necessity for timely decision-making, particularly during critical situations.

The court's observations came during a hearing of a Public Interest Litigation (PIL) filed by the NGO Social Jurist, represented by advocate Ashok Agarwal. The PIL raised concerns about the non-supply of essential educational materials to students in Municipal Corporation of Delhi (MCD) schools, despite the commencement of the new academic session.

Addressing the issue, the court emphasized that the absence of the Chief Minister cannot impede the rights of students, particularly their entitlement to free textbooks, writing materials, and uniforms. It emphasized that the provision of these essential educational materials is not contingent upon the Chief Minister's presence and directed the MCD Commissioner to ensure their immediate provision, irrespective of expenditure constraints.

Furthermore, the court rejected the notion that the Chief Minister's absence due to factors like the imposition of a model code of conduct should hinder essential governance functions, deeming such reasoning a misnomer. It stressed that the responsibilities associated with the position of Chief Minister demand unwavering commitment to public service, regardless of prevailing circumstances.