PRESIDENT RULE IN DELHI

PRESIDENT RULE IN DELHI

Subject: Polity

Context: AAP MLA Shoaib Iqbal on Friday demanded imposition of President’s rule in Delhi in view of the massive surge in COVID-19 cases.

Concept:

• In NCT of Delhi, President’s rule is applied on the basis of Article 239AB of the Constitution of India (as the Article 356 is not applicable to Union Territories) which reads thus:
• Article 239AB. -If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied—

(a) that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or

(b) that for the proper administration of the National Capital Territory it is necessary or expedient so to do,

• the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as maybe specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA.
• Article 239 AA (inserted by 69th amendment act, 1991): UT of Delhi is called National Capital Territory of Delhi; Legislative Assembly; make laws over State & Concurrent List.