The Supreme Court on Thursday told the Delhi l-G that legally the President’s rule imposed on Delhi can be revoked as it felt that keeping the Assembly in suspended animation for long will encourage the culture of “aaya ram, gaya ram”, which had to be scuttled at all cost.
The court was considering a petition filed by Aam Aadmi Party (AAP) where it questioned the order of February 16 passed by lieutenant-Governor Najeeb Jung to impose President’s rule while keeping the Assembly in suspended animation. The AAP which tied hands with Congress to run a 49-day Government had exited from the political chair of the Capital, following which neither the BJP nor Congress had numbers to form an alternate Government.
The petition argued by senior advocate Fali S Nariman wondered why no fresh elections were declared in such a scenario. While keeping the constitutional issues arising out of the petition for consideration after two weeks, the court thought it proper to clarify the legal position with regard to revocation of Proclamation of President’s rule. This was done as the petitioner AAP apprehended that the pendency of its petition in SC would deter l-G reconsidering his earlier order.
The bench of Justices RM lodha and Kurian Joseph said, “We clarify that there is no fetter or impediment for President to exercise his power under Article 356(2) if he so regards in the facts and circumstances.”
The court recorded the submission of the Centre made by ASG KV Vishwanathan who gave in writing that the President can vary or revoke an under Article 356(2) despite the same being passed by both Houses of Parliament. The court further recorded his statement that Section 50(1) of Government of NCT Delhi Act, 1991 prescribing the proclamation to be valid for one year will also not be an impediment for a fresh order under Article 356(2). Both BJP and Congress did not oppose to the legal interpretation put raised objections on the maintainability of the AAP petition. While Congress alleged that the main aim of the petition was to hold early election and convert court into a political arena, BJP wished to buy time and allow l-G time to reconsider the situation after the national elections are over.