Lieutenant Governor Vinai Kumar Saxena said on Wednesday that the govt in Delhi should not be run from jail. This hinted at a possible imposition that the President’s Rule is coming soon. If the Aam Aadmi Party insists that Arvind Kejriwal will continue to remain the chief minister, this will happen for sure, he claimed. Because the CM of Delhi is now in jail after the arrest by the Enforcement Directorate in the excise policy case.
President’s rule is the rule in which state government is suspended and because of that imposition of direct Union government rule starts in a state. Under Article 356 of the Constitution of India, if any state government is unable to function according to the Constitutional provisions, the Union government has the right to take direct control of the state machinery. As the Delhi CM is now in jail, many speculations are growing about the potential imposition of the President’s Rule in Delhi. Reports are suggesting that the Ministry of Home Affairs (MHA) is considering various options.
“What is the constitutional provision he is drawing on? The law of the country is very clear. You have the GNCTD Act which is very clear that you cannot be the chief minister if you do not enjoy the majority of the House. These conditions do not apply. So, under what conditions will the President’s Rule be imposed?” Delhi cabinet minister Atishi said on Thursday after Vinai Kumar Saxena’s comment.
“The law of the land is very clear — President’s Rule can only be imposed when there is no other choice. The issue of Article 356 has gone to the Supreme Court multiple 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. If today, President’s Rule is imposed, it will be very clear that it is political vendetta,” she has explained.
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