The Centre, which is drafting a reply to a petition filed by the Aam Aadmi Party (AAP) in the Supreme Court challenging imposition of President’s rule in Delhi, will defend its stand by quoting Section 50 of the Government of National Capital Territory (GNCT) Act, 1991.
The Act allows imposition of President’s rule for at least one year when the Assembly is in suspended animation. If the President wants, the one-year term can also be extended.
The Ministry of Home Affairs, which has to submit a reply to the Supreme Court on March 7, will tell the court that the President was well within his rights to act on the suggestion of the Union Cabinet to impose President’s rule in Delhi.
“Not only the Cabinet’s decision, Article 239 of the Constitution allows the President to rule any Union Territory (UT) through an administrator to be appointed by him with such designation as he may specify,” a senior ministry official said.
After the Union Cabinet accepted the recommendation of Delhi Lt-Governor Najeeb Jung for imposition of President’s rule in the national capital on February 16, the AAP moved SC, challenging the decision.
“We are preparing a detailed reply and we have taken into consideration all the constitutional and legal aspects to back the decision. The Assembly has not been dissolved and there is still a possibility for any party to prove its majority and form a government,” the official said.