DNA: Analysing Possibilities Of President's Rule In Delhi

New Delhi: Delhi's liquor scandal has become a major headache for the Aam Aadmi Party with three prominent leaders already behind bars and now Delhi Arvind Kejriwal in ED custody till March 28.

Deputy Chief Minister Manish Sisodia was taken into custody by the ED in March 2022 in connection with the liquor scam case. Vijay Nair, the Communication Head of the Aam Aadmi Party, was arrested by the ED in November 2022. Additionally, Rajya Sabha MP Sanjay Singh was apprehended by the ED on October 4, 2023. Most recently, Chief Minister Arvind Kejriwal was detained by the ED after questioning on the night of March 21, 2024.

Following the arrest of the Delhi CM, the question of how the government will function in the national capital, or whether President's rule will be imposed, is now at the forefront of people's minds.

In Today's DNA, Zee News anchor Sourabh Raaj Jain analysed the conditions of the President's rule in the national capital as Delhi CM goes to ED's custody.

Following the arrest of Chief Minister Arvind Kejriwal, discussions have arisen regarding the potential imposition of the President's rule in Delhi. Experts speculate about the circumstances under which this could occur. If Kejriwal remains adamant about governing from jail and refuses to resign, the Lieutenant Governor may opt for the imposition of President's rule as a last resort.

DNA : 'सरकार' ही 'गिरफ्तार'. क्या दिल्ली में राष्ट्रपति शासन लगने वाला है ? #DNA #DNAWithSourabh #ArvindKejriwal #AamAadmiParty #ArvindKejriwalArrested@saurabhraajjain pic.twitter.com/j9xGUa5RJX — Zee News (@ZeeNews) March 22, 2024

Two primary grounds could justify the imposition of President's rule in Delhi. Firstly, if the government is deemed incapable of functioning by the Constitution, whether in a union territory or a full state. Secondly, if the state government consistently fails to implement directives from the central government, thereby necessitating intervention.

Under Article 239 AA of the Constitution, the Lieutenant Governor can recommend to the President the suspension of the government in Delhi. Additionally, under Article 239 AB, the Lieutenant Governor can attribute the breakdown of constitutional machinery as grounds for the imposition of the President's rule.

Considering Delhi's status as a union territory, the role of the Lieutenant Governor becomes pivotal. Failure to resign by Kejriwal could prompt the Lieutenant Governor to cite a breakdown in the constitutional machinery. Consequently, Kejriwal may be compelled to step down as Chief Minister.

Article 356 of the Constitution allows for the imposition of President's rule in any state if the constitutional machinery fails or faces significant challenges. With Kejriwal in custody and the Aam Aadmi Party's leadership depleted, the Lieutenant Governor may move to impose President's rule in Delhi.