President’s Rule in Delhi is now imminent with lieutenant-Governor Najeeb Jung sending a recommendation to the Ministry of Home Affairs (MHA) in wake of the political uncertainty surrounding Government formation in the Capital.
Top sources said the lieutenant- Governor (l-G) is awaiting Presidential nod for imposition of President’s Rule in Delhi and it is expected by Tuesday.
In his report to the MHA, the l-G has recommended that President’s Rule should be imposed in Delhi by keeping the Delhi legislative Assembly under suspended animation till any party or a combination of parties is able to form the Government. The l-G had sent his report to the MHA on Saturday.
According to sources, Jung came to this conclusion after he held consultations with BJP, the single-largest party, followed by AAP. This means, Delhi Assembly will not be dissolved and it will be kept in suspended animation till a party stakes its claim to form the Government.
“Neither the BJP which is the single-largest party nor the AAP, which is the second-largest party came forward to stake claim for formation of the Government till date. This deadlock has forced the l-G to recommend President’s Rule in the Capital,” sources said.
“The Union Cabinet is likely to meet any time to deal with the current political situation in the Capital. Once the Union Cabinet sends the recommendation to the Government for imposition of President’s Rule, an Ordinance for the same will be issued by the President.”
“If any party comes forward to stake claim to form the Government in future, the process will be started and the Assembly will be revived by a Presidential order,” sources said.
The BJP has 32 seats followed by AAP with 28 and eight of Congress in a House of 70 seats. The Congress has offered outside support to AAP for Government formation. The BJP has already declined to form the Government citing “lack of a clear mandate”.
AAP chief Arvind Kejriwal met the l-G on Saturday and sought time from him. He also put 18 conditions before the Congress and the BJP and sought assurances from them before staking claim for Government-formation.
The Congress on Monday replied to AAP’s letter seeking its views on 18 issues. The party said 16 of the 18 issues need just administrative decisions and can be implemented by the Delhi Government without coming to Parliament or Assembly.
Officials say as per norms, the fifth Delhi legislative Assembly should be constituted by December 17. If it is not constituted, it may be kept in suspended animation.
Once President’s Rule is imposed, the l-G will assume all administrative powers of the State. The order for proclamation of President’s Rule needs to be approved by Parliament. President’s Rule is for six-months in the case of States and in the case of Delhi, the cap is one year and can be extended, again subject to Parliament’s approval.
Once President’s Rule is imposed, the l-G becomes both the Constitutional and Executive head of the State Government. He can appoint a group of advisors who act as a Council of Ministers to run various departments of the State. Normally, these advisors are senior bureaucrats or retired bureaucrats. In the case of Delhi, the l-G may ask Principal Secretaries to act as advisors of their departments.
The previous Assembly was appointed on December 18, 2008. It completes five years on December 18, 2013. The Constitution makes it clear that a new Assembly must be constituted by that date. If no party manages majority or comes forward to form the next Government, President’s Rule will come into effect. The caretaker Government of Sheila Dikshit can continue till December 17.
As per Rule 5 of the Government of National Capital Territory of Delhi Act, 1991, the legislative Assembly, unless dissolved, shall continue for five years from the date of appointment for its first meeting and no longer, and the expiration of the said period of five years shall operate as dissolution of the Assembly. Under President’s Rule, there will be no major developmental work and it will just manage day to day affairs of Government.