Before his arrest over alleged irregularities in the Delhi Excise Policy 2021-22, Sisodia was second only to Kejriwal within AAP and the Delhi government. He managed crucial portfolios, including education, finance, planning, health, tourism, and public works, and served as Kejriwal’s deputy. Sisodia is credited with significant contributions to the party’s development and the transformation of the education system in Delhi’s state-run schools.
Sisodia’s resignation, alongside former health minister Satyendar Jain, led to the induction of Atishi and Saurabh Bharadwaj into the cabinet. Atishi currently manages 14 portfolios, while Bharadwaj oversees several important departments. Following Kejriwal’s arrest, there has been a notable standstill in governance activities, as no cabinet meetings have been called and no files have been sent to the lieutenant governor due to the chief minister’s required approval.
“Manish is our leader. He will lead from the front. Obstacles have been put in the way of functioning of our government. With his release, we will get strength and governance will also be strengthened. The political affairs committee of the party will decide on the course of action,” said AAP national general secretary (organization) Sandeep Pathak.
Experts indicate that for Sisodia to resume government duties and make policy decisions, he might need to be granted chief ministerial powers. However, this would require Kejriwal, currently in Tihar Jail, to recommend Sisodia to the lieutenant governor, which presents logistical challenges. The jail manual does not permit inmates to handle official documents or sign files, complicating the process of restoring Sisodia’s position effectively.
“For that, Kejriwal will have to send a recommendation to LG from Tihar Jail, which seems difficult currently. The jail manual does not allow an inmate to get any official file inside and sign it. That’s why despite AAP saying again and again that govt will be run from inside the jail, the CM could not take a single decision and many pressing issues are still pending,” said an official, requesting anonymity.”If Sisodia returns as deputy CM, the situation can be markedly different. However, there isn’t much time left since the assembly polls are due early next year,” another official said.Despite these hurdles, constitutional experts assert that the chief minister has the authority to induct a minister into the cabinet. This could potentially enable Kejriwal to maneuver around the restrictions imposed by his incarceration.
Constitutional expert SN Sahu stated, “I am not sure about the provisions in the jail manual, but if they prohibit the CM from signing any file, Kejriwal can move court.”
Former Vidhan Sabha secretary SK Sharma mentioned that the ongoing case against Sisodia could complicate his return to a ministerial role, as the LG might reject Kejriwal’s recommendation and request an alternative nominee. Nonetheless, Sahu highlighted that Sisodia has not been convicted.
“Supreme Court had recently passed scathing remarks against the Tamil Nadu governor’s refusal to appoint a minister in the state cabinet despite the stay on his conviction,” Sahu pointed out.
PDT Achary, another constitutional expert, reinforced the power of the chief minister to appoint ministers. “Since Kejriwal has not resigned from the post of CM, he has the power to appoint anyone as a minister in his cabinet after sending a recommendation to LG. There is nothing in Constitution that stops him from doing so,” he said.
The path ahead for the AAP and its governance in Delhi remains fraught with challenges. The impending elections add urgency to resolving the administrative impasse. Sisodia’s return might offer a semblance of stability and leadership, but procedural and legal obstacles stand in the way. The coming months will test AAP’s strategic acumen and Sisodia’s ability to navigate the complexities of governance amid ongoing judicial and electoral pressures.
(The article originally published in TOI)
