Recently the Chief Minister of Delhi, Arvind Kejriwal sought an early election in the Delhi assembly, which has sparked widespread political discussion. As he announced his intention to step down from, his position as chief minister and gave his resignation letter to Lieutenant Governor V K Saxena on Tuesday 17 September, 2024. However, Arvind Kejriwal urged the election commission to conduct the Delhi assembly election, alongside the Maharashtra assembly polls in November 2024.
This move has unwrapped the path for the senior AAP leader and the cabinet minister of Delhi Atishi Marlena to succeed him as the new chief minister. However, the regular schedule for the selection of the Delhi assembly is February 2025, when the five-year term of the present legislative assembly ends. Moreover, such a request is not straightforward and hinges on logistical and legal considerations. As we know that, the Election Commission holds the authority to schedule elections according to law, and any change in timing would require formal approval.
Arvind Kejriwal going for Early Polls in Nov
The first big challenge for Modi and Shah after failing to form the Government (on their own) in recent General elections.#Delhi pic.twitter.com/5PhzGDHqbn
— M9 NEWS (@M9News_) September 15, 2024Legal Framework Governing Early Elections
The Election Commission has the authority to conduct elections at the national, state, and local levels, under the Constitution of India. As we know each election is held after five years of term end, and early urges of election need a formal approval. However, the election commission may be required to hold an election sooner, if the assembly is dissolved prematurely like the chief minister’s resignation without any immediate replacement, voluntary resignation of the ruling party or through a no-confidence vote etc.
Moreover, in the case of Arvind Kejriwal, he has not dissolved the Delhi assembly nor has the ruling AAP called for such a move he has taken. Therefore, the Election Commission is doubtful to call for early votes based on the present legal framework. The decision taken by Arvind Kejriwal about the early election is not a legal necessity but more like a political strategy. However, it is not possible to conduct early polls in a short time frame, as indicated by the election commission as it needs logistical preparation before doing so.
Past Precedents of Early Elections in India
In India, the early elections are not unprecedented but they are usually caused by the extraordinary political situation. However, if we go in the past then early Lok Sabha elections were detained after the BJP-led coalition government lost a no-confidence vote in Parliament in 1999. Similarly, in Telangana Chief Minister K. Chandrasekhar Rao dissolved the assembly early in 2018 and it led to elections being held months before the scheduled date. Moreover, it is seen that the political situation of Delhi does not match with the past precedents. Therefore, the assembly remains complete, and there has been no harm of majority or official dissolution of the legislative body.
Kejriwal’s Political Strategy Behind Early Elections
The political pressure has been rising due to the decision taken by Arvind Kejriwal to step down from his position of chief minister; especially after his release from jail in an excise policy case. Arvind Kejriwal’s declaration reflects a shift in party-political strategies, possibly aimed at galvanizing community support and safeguarding a fresh order ahead of the scheduled 2025 elections. Moreover, by seeking an early election Arvind Kejriwal is saving himself from the legal controversies and presenting a fresh face for the AAP in the upcoming election. Arvind Kejriwal has also stated that he will return to his position if the people re-elect him, emphasizing his focus on integrity and transparency.
Moreover, it will help Arvind Kejriwal to capitalize on his party’s current standing by calling for an early election. In addition, it will also be possible to avoid the pitfalls that may arise closer to the scheduled 20255 elections. It has also been analysed that the longer the AAP party will remain in power the more they have to face legal challenges and political fatigue. Therefore, by safeguarding a renewed mandate, early elections could offer a planned advantage while the party’s popularity is still high.
However, the demand for an early election by Arvind Kejriwal could be the desire to bring it into line with the broader political landscape. Therefore, Arvind Kejriwal may aim to benefit from the increased national media attention and voter deployment by pushing for Delhi elections to be held together with Maharashtra’s in November 2024, which naturally attends larger state elections.
Legal and Logistical Hurdles
The feasibility of early elections remains limited by legal and logistical hurdles despite Kejriwal’s political motivations. However, it has been analysed that there are no compelling reasons for early election unless the assembly is dissolved as per the Constitution and the ECI guidelines provided. The legislative assembly of a state must meet at least every six months according to Article 174 of the Indian Constitution.
The legislative assembly remains intact in the case of Delhi, with no formal move to dissolve it. Kejriwal has demanded the election in November 2024 which is a very short time for informing voter rolls, positioning polling stations, and organizing adequate security. Moreover, it is highly improbable that the ECI would agree to Kejriwal’s request.
In addition, to hold the early election in Delhi it needs important coordination with the central government. However, it is not possible as the politically inclined may not be there to support Kejriwal’s demand due to the political rivalry between the two parties like Aam Aadmi Party (AAP) and the ruling Bhartiya Janata Party (BJP) at the national level.
Succession and Interim Governance
As per the information, the Aam Aadmi Party will appoint an interim chief minister until the next elections if Arvind Kejriwal proceeds with his resignation. As per the present scenario, it has been observed that Atishi, a senior minister in the cabinet of Kejriwal, is the candidate to succeed him temporarily. Since 2023, Atishi has been a key figure in the Delhi government. The various crucial portfolios are being handled by her previously like finance, public works, education and power, and her leadership will be essential in circumnavigating the political scenery ahead of the 2025 elections.
However, within the party, this move may lead to an important leadership transition. Therefore, if AAP’s new leader follows a different method or faces challenges in upholding voter trust then the political dynamics in Delhi could alter considerably. Moreover, Kejriwal’s resignation also opens up wider questions about AAP’s future plan. As the party makes for the 2025 elections, it will need to address both interior leadership changing aspects and exterior political challenges.
Therefore, Arvind Kejriwal’s request for early elections to the Delhi Assembly is a brave party-political move, but one that faces important legal and logistical experiments. The Constitution and Election Commission rules do not offer a clear path for early elections in Delhi, given that the assembly has not been dissolved and AAP still grips a majority. Moreover, Kejriwal’s resignation and call for early polls seem to be part of a wider political plan aimed at combining support and safeguarding a fresh order ahead of the scheduled 2025 elections.
However, while early elections remain unlikely, the management change within AAP, with Atishi predictable to take over as Chief Minister, marks a noteworthy moment in Delhi’s political scenery. Whether early elections take place or not, the future months will be serious for AAP as it circumnavigates the experiments of governance, management transition, and democratic plan in one of India’s most governmentally important regions.
FAQ
Who is Arvind Kejriwal?
Arvind Kejriwal is the Chief Minister of Delhi and a prominent Indian politician. He is the leader of the Aam Aadmi Party (AAP) and has been serving as the Chief Minister of Delhi since February 2015.
What is the current situation regarding the Delhi Assembly elections?
Arvind Kejriwal has been advocating for early elections to the Delhi Assembly. This move comes amid political and administrative concerns, but specific reasons for seeking early elections may vary depending on current political developments.
What does Indian law say about early elections to a state assembly?
In India, the law governing state assembly election is highlighted in the constitution of India and the Representation of the People Act, 1951. However, the five-year term is assemblies, if the party want an early election then it is done in a certain condition like dissolution in the assembly, political decision or the role of the election commission.
How can citizens get involved in the election process?
The citizens usually get involved by voting, awareness and campaigns.
Are there any historical instances of early elections in Delhi?
Yes, there has been an early election in Delhi. Due to the dissolution of the assembly, the Delhi Assembly elections were held earlier than scheduled in 2013. However, following a no-confidence motion and the subsequent resignation of the then Chief Minister, Sheila Dikshit.
How can early elections be initiated?
Early elections can be started by the resignation of the Chief Minister, a positive vote of no confidence against the administration, or by the closure of the assembly by the Governor. The procedure includes political discussions, managerial actions, and eventually, the choice of the Governor and the Election Commission.
