As the two leading parties in Delhi — the BJP and the AAP — are reluctant to stake claim to form a Government in Delhi for the want of clear mandate, the focus is now shifting to lieutenant Governor Najeeb Jung. The rule book says if no political party stakes claim, the l-G will recommend President’s Rule.
When the President’s Rule is imposed, the Assembly is kept in suspended animation for the first three months. Therefore, parties may work out ways to form a Government. The President's Rule will end once a party stakes claim to form a Government. Then the lieutenant Governor will ask the party to prove majority in Assembly.
Under the President’s rule, the l-G will assume all administrative power of a Cabinet. He will run the Government with the help of the principal secretaries of departments concerned. All principal secretaries and bureaucrats would report to him. “The lieutenant Governor will perform the role of the Chief Minister once the President’s Rule is imposed in the Union Territory while Chief Secretary will act as chief coordinator between lieutenant Governor and Principal Secretaries of each department,” said experts.
It was further stated that as per the statutory provisions, Delhi may remain without an elected Assembly for a year. Fourth Delhi legislative Assembly was dissolved on December 8, the day results of fifth Assembly election were announced. According to former Director of lok Sabha Secretariat SK Sharma, “Elected legislators will be acknowledged as elected members of the Assembly but till they are administered oath, they will have no power and will not get any perks and remunerations.”
Sharma said the process to administer oath to elected MlAs starts only in the House, which is not possible until any party comes forward to stake claim to form a government. Sharma further said that the Supreme Court in the SR Bommai case had ruled that the House is the appropriate forum for proving the strength of any ruling party.
“Once the President's rule is imposed, the lieutenant Governor will assume all administrative powers of the state. The order for the proclamation of the President Rule needs to be approved by Parliament. The President rule is for a six-month period in the case of State and in the case of Delhi, the cap is one year and can be extended, again subject to Parliament's approval,” Sharma explained.