The plea underlined that in order to be a CM, the provisions of Articles 163 and 164 of the Indian Constitution need to be strictly adhered to. It was contended that Kejriwal does not satisfy most limbs of these two articles owing to his incarceration.
It argued that Kejriwal’s salary will not be justified given that he will not be able to perform his duties.
Notably, the PIL has also stressed that if Kejriwal performs his duties from jail, any documents travelling to him will have to be scanned by prison authorities, breaching Kejriwal’s oath of secrecy under the Third Schedule of the Constitution.
The plea highlighted that Kejriwal, being the Chief Minister, would be well within his rights to demand investigation files in cases where he in an accused.
Source: Barandbench
