DELHI, AND PRESIDENT’S RULE

A DISCUSSION W.R.T. TO CONSTITUTION

SARASIJ MAJUMDER

The law of the COUNTRY is very clear -- President's Rule can only be imposed IF there is no other choice. The issue of Article 356 has gone to the Supreme Court several times and SC has repeatedly ruled that President's Rule can only be imposed when there is no other choice left for governance of the state, in this case, a HALF STATE.

Article 239AA empowers Delhi’s Lieutenant Governor to invoke 'failure of constitutional machinery' enabling the imposition of President's rule under Article 239AB.
AAP's tenure in Delhi ends in February 2025 and this move would enable the Centre to take control of the national capital.  Until that time, Central is likely to take no action. Bad governance in DELHI by AAP will bring out anti-incumbency factor against AAP, with advantage to BJP, and may be partially to Congress.

If Kejriwal resigns, following what former Jharkhand CM, Hemant Soren did, it could save the party from government dissolution but there is no guarantee of that happening as the political dynamics of Delhi keep shifting by the second. And Mr. Kejriwal possibly don’t trust his party’s second rank leaders presently out in the open.

If Kejriwal do not want to resign, it is the problem of AAP, on how they are going to function. Kejriwal will not be given bail for a long time to come or till the case is heard and penalty any awarded on the accused if found guilty.

And also, nobody knows—whose number next comes for ED’s investigation in AAP.

His wife is off course an option—a repeat of Rabri Devi—Lalu Prasad saga. But—we don’t know whether the MLAs will consent to that arrangement, even if interim..

But—this action of Kejriwal doesn’t increase his popularity, and this is an act of “DEFIANCE”

The Centre will not take that risk of imposing president’s rule unless it can show that AK’s current situation is seriously impacting the running of the state government. That is, imposing president’s rule in public interest. Secondly, the BJP may not go so far due to the impending general elections. There is no point in pushing the case too far.

 As PV Narasimha Rao was fond of saying, “The law will take its own course”.

 Reference:-

1.0 Relevant clauses of Constitution. https://empowerias.com/blog/prelims-special-facts/article-239aa-and-239ab-empower-ias

2.0 NEWS PAPERS REPORTS.

3.0 IMAGE:- GOOGLE

 

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