Atishi’s Swearing-In: A New Chapter for Delhi

On September 21, 2024, Atishi, a prominent leader of the Aam Aadmi Party (AAP), took the oath as the Chief Minister of Delhi at Raj Niwas. With this, she became the 17th woman Chief Minister in India and the third woman to hold this office in Delhi, following in the footsteps of Sushma Swaraj and Sheila Dikshit. This marks a significant moment in Delhi’s political history as the city prepares for the upcoming assembly elections scheduled for February.

Atishi’s tenure as Chief Minister is expected to be brief, with the assembly elections just months away. However, her role is crucial as she steps into the spotlight during a politically tumultuous time. Atishi, a first-time legislator, has already made a mark within the AAP, particularly during Arvind Kejriwal’s incarceration in connection with the excise policy case. During this period, she emerged as one of the key faces of the party, underscoring her leadership potential.

Alongside Atishi, five AAP leaders—Gopal Rai, Kailash Gahlot, Saurabh Bharadwaj, Imran Hussain, and Mukesh Ahlawat—were sworn in as ministers in the new Delhi government. This team will play a pivotal role in carrying forward the AAP’s governance model, which has been largely shaped under Kejriwal’s leadership.

The oath-taking ceremony at Raj Niwas was notably subdued, reflecting the party’s mood following Arvind Kejriwal’s recent resignation as Chief Minister. Kejriwal stepped down from his post on September 17, just days after being released on bail by the Supreme Court in connection with the excise policy case. His resignation has left a void, but he has made it clear that he intends to return to office, contingent upon receiving a “certificate of honesty” from the people of Delhi in the upcoming assembly elections.

Although no longer holding office, Kejriwal remains a significant influence within the AAP and Delhi’s political landscape. He has called for early elections but stopped short of demanding the early dissolution of the Delhi Assembly. As the AAP gears up for the elections, Kejriwal’s guidance is expected to remain a driving force behind the party’s strategies and governance.

Atishi now faces the daunting task of steering the Delhi government through a challenging political environment. She will be responsible for leading the 13 departments she previously managed, including Education, Finance, Power, and Water. Her ability to deliver on key initiatives, such as the Mukhyamantri Mahila Samman Yojana and the Electric Vehicle Policy 2.0, will be critical in shaping public perception ahead of the elections.

The opposition, particularly the BJP, has been vocal about its skepticism regarding Atishi’s appointment. BJP spokesperson Shehzad Poonawalla dubbed her the “new Manmohan Singh,” implying that real power remains with Kejriwal, who he described as the de facto Chief Minister. Meanwhile, leaders from both AAP and the opposition have engaged in a war of words, with accusations and counter-accusations shaping the political discourse.

Despite the political tensions, Atishi’s swearing-in is a momentous occasion. As she takes the reins of Delhi’s administration, her leadership will be closely watched, both by her supporters and critics. Her ability to navigate the complexities of Delhi’s governance and to uphold the legacy of the AAP will determine her place in the annals of the city’s political history.

The Chief Minister (CM) is a pivotal figure in the Indian political system, serving as the head of the state government. Appointed by the Governor, the Chief Minister holds a position of immense power and responsibility. This article delves into the appointment, powers, functions, and responsibilities of the Chief Minister, offering a comprehensive overview of their role in state governance.

The Chief Minister is the leader of the legislative assembly and is appointed by the Governor of the state. According to Article 163 of the Indian Constitution, the Council of Ministers, led by the Chief Minister, advises and aids the Governor in the execution of state affairs.

  • De Facto vs. De Jure Executive: The Chief Minister is considered the de facto executive, wielding real power, while the Governor remains the de jure executive, a ceremonial head.
  • Formation of Government: After elections, the party with a majority in the Legislative Assembly forms the government, and its leader is typically appointed as the Chief Minister. In cases where no party secures a clear majority, the Governor may appoint the Chief Minister, who must then prove their majority in the assembly.
  • House Membership: The Chief Minister can be appointed from either the lower house (Legislative Assembly) or the upper house (Legislative Council), though typically, they are a member of the lower house.

The Chief Minister, as the head of the state government, performs several critical functions:

  • Communication with the Governor: The Chief Minister serves as the primary link between the Governor and the Council of Ministers, ensuring all decisions of the council are communicated effectively.
  • Coordination and Leadership: Acting as the coordinator and guide for the cabinet ministers, the Chief Minister ensures the smooth functioning of the government and presides over cabinet meetings.
  • Crisis Management: The Chief Minister is the chief crisis manager, especially during emergencies, and plays a key role in financial management.
  • Influence Over Decisions: The Chief Minister holds significant influence over the decisions of the Council of Ministers and furnishes necessary information regarding the state’s administration.

The Chief Minister has numerous responsibilities that extend across various aspects of state governance:

  • Formation of the Cabinet: The Chief Minister is responsible for forming the cabinet by preparing a list of ministers, which the Governor appoints based on their recommendation.
  • Administration of the State: Together with the Council of Ministers, the Chief Minister oversees the administration of the state, ensuring that policies and laws passed by the legislature are implemented effectively.
  • Allotment and Reshuffling of Portfolios: The Chief Minister has the sole authority to allocate and reshuffle portfolios among the ministers, tailoring the government’s structure to meet administrative needs.
  • Appointment and Removal of Ministers: The Chief Minister advises the Governor on the appointment and removal of ministers, holding the power to select individuals for key positions within the government.
  • Leadership and Representation: The Chief Minister leads the state’s legislative assembly and represents the government in both houses, providing clarity and direction on critical issues.
  • Financial Oversight: The Chief Minister plays a crucial role in financial matters, including budgeting, financial planning, and setting priorities for infrastructure and development projects.
  • Law Formation: The Chief Minister influences the creation of state laws and policies, having the authority to approve or reject bills introduced by other ministers.

The Chief Minister holds a position similar to that of the Prime Minister at the national level. They have the authority to approve bills, levy taxes, and make crucial decisions regarding the state’s governance. In a majority government, the Chief Minister enjoys significant autonomy and authority, but in a coalition government, they must seek the support of all coalition partners to maintain stability.

The Chief Minister, as the head of the state government, carries significant responsibilities, acting as the crucial link between the state’s executive and legislative branches. The role involves a blend of administrative oversight, leadership, and policy-making, requiring the Chief Minister to balance various interests to ensure the smooth functioning of the state. The Chief Minister’s influence extends across financial, organisational, and developmental aspects of governance, underscoring their importance in the Indian federal structure.

Published on September 25, 2024

Drafted by Shreyashi Chaudhary, BBA LLB, Symbiosis Law School

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