After the categorical verdict of the Delhi High Court that the Capital is a Union Territory, it was quite clear that any decision made by Chief Minister Arvind Kejriwal without the Lieutenant Governor’s approval will be rendered illegal. ________________________________. The appointments, made in March 2015, suffered from multiple legal infirmities. Apart from the lack of the LG’s concurrence, it raised the question of whether it was an ‘office of profit’ under the government, something legislators are barred from holding. The penalty stipulated in the Constitution for a legislator holding an office of profit is disqualification.

At the same time, it cannot be denied that the EC could still choose to decide whether these MLAs had indeed held an office of profit for nearly a year-and-a-half.

The Election Commission has also reserved its verdict on the question whether these 21 MLAs have incurred such disqualification, and it is possible for the Aam Aadmi Party now to ask the matter to be closed, citing the court’s setting aside of the appointments.

Counsel for the Delhi government had to concede the point in court, leading to the appointment of 21 Delhi legislators as parliamentary secretaries being set aside.

They had been rendered further vulnerable after the President withheld assent to a Delhi Bill to protect them from incurring disqualification — once again because it was introduced without the LG’s approval.

Mr. Kejriwal could have avoided this setback had he not given executive oversight responsibilities to so many of his party’s legislators.

After the categorical verdict of the Delhi High Court that the Capital

1.	After the categorical verdict of the Delhi High Court that the Capital is a Union Territory, it was quite clear that any decision made by Chief Minister Arvind Kejriwal without the Lieutenant Governor’s approval will be rendered illegal. ________________________________. The appointments, made in March 2015, suffered from multiple legal infirmities. Apart from the lack of the LG’s concurrence, it raised the question of whether it was an ‘office of profit’ under the government, something legislators are barred from holding. The penalty stipulated in the Constitution for a legislator holding an office of profit is disqualification.
A.	The Election Commission has also reserved its verdict on the question whether these 21 MLAs have incurred such disqualification, and it is possible for the Aam Aadmi Party now to ask the matter to be closed, citing the court’s setting aside of the appointments.
B.	Counsel for the Delhi government had to concede the point in court, leading to the appointment of 21 Delhi legislators as parliamentary secretaries being set aside.
C.	At the same time, it cannot be denied that the EC could still choose to decide whether these MLAs had indeed held an office of profit for nearly a year-and-a-half.
D.	They had been rendered further vulnerable after the President withheld assent to a Delhi Bill to protect them from incurring disqualification — once again because it was introduced without the LG’s approval.
E.	Mr. Kejriwal could have avoided this setback had he not given executive oversight responsibilities to so many of his party’s legislators.
Answer» C. At the same time, it cannot be denied that the EC could still choose to decide whether these MLAs had indeed held an office of profit for nearly a year-and-a-half.

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