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What will happen if Arvind Kejriwal does not resign? What’s the probability of President’s rule being imposed in Delhi?

Arvind Kejriwal: After the arrest of Chief Minister Arvind Kejriwal, there is also talk of imposing President's rule in Delhi. President's rule has been imposed in many states including Maharashtra, Jammu and Kashmir, Puducherry.

Arvind Kejriwal Arrested: Delhi Chief Minister Arvind Kejriwal was arrested on Thursday (21 March) in a money laundering case related to the excise scam. He is the first CM to be arrested while in office. The Aam Aadmi Party (AAP) says that he will remain in office. In case Arvind Kejriwal does not resign, President’s rule may be imposed in Delhi. Delhi is a Union Territory and in such a situation, the role of Lieutenant Governor Vinay Saxena becomes very important.

In law, LG has the right to recommend President’s rule citing breakdown of constitutional machinery or failure of constitutional mechanism. LG has been given this right in section 239 AB of the Representation of People Act, 1951. Let us know when President’s rule was imposed in which state and during which Prime Minister’s tenure-

Prime MinisterHow many times President’s rule was imposed
Narendra Modi8
Manmohan Singh10
PV Narasimha Rao11
Rajiv Gandhi6
Indira Gandhi48
Jawaharlal Nehru7

When and in which state was President’s rule imposed-

States/Union TerritoriesWhen was President’s rule imposed?When was President’s rule lifted?
MaharashtraSeptember 28, 2014 October 31, 2014
Arunachal Pradesh26 January, 2016February 19, 2016
UttarakhandMarch 27, 2016May 11, 2016
MaharashtraNovember 12, 2016November 23, 2019
Jammu and KashmirJanuary 9, 2016March 1, 2015
Jammu and KashmirJanuary 8, 2016April 4, 2016
Jammu and KashmirFebruary 19, 2018October 31, 2019
PuducherryFebruary 23, 2021May 5, 2021

Arvind Kejriwal has been arrested in the Delhi liquor policy scam case. Before him, Manish Sisodia and AAP MP Sanjay Singh were also arrested and both of them are in jail. At the same time, Satyendra Jain, who was a minister in the Delhi government, is also in jail. In such a situation, there is a discussion that if Arvind Kejriwal resigns, then who will take the responsibility of Delhi. For this, the names of Atishi, Saurabh Bhardwaj and Arvind Kejriwal’s wife Sunita Kejriwal are being discussed. At the same time, the names of Atishi, Punjab CM Bhagwant Mann and Sunita Kejriwal are coming up for the convener of Aam Aadmi Party.

What does the Constitution say about President’s rule?

According to the law, if a government official goes to jail, then there is a rule to suspend him. However, there is no such clear rule for politicians. Still, if Chief Minister Kejriwal refuses to resign, then President’s rule can be imposed in Delhi. Now the question arises that when can President’s rule be imposed. Regarding this, Article 356 of the Constitution says that President’s rule can be imposed in any state if the constitutional machinery fails or there is a disruption in it.

On what basis is President’s rule imposed?

Two main reasons can be used as the basis for imposing President’s rule in Delhi. First, when a government is not able to run the government according to the Constitution, then President’s rule can be imposed in any Union Territory or full state. Second, when the state government has completely failed to implement the instructions of the central government, then also such a step can be taken. All the powers of the state go to the President.

The cabinet will be dissolved if President’s rule is imposed

Allahabad High Court lawyer Anandpati Tiwari says that Delhi is not a full state. Therefore, if Chief Minister Arvind Kejriwal does not resign, the President can impose President’s rule in Delhi. The cabinet will be dissolved automatically after the imposition of President’s rule. Let us tell you that the Governor, Chief Secretary and other administrators or advisors are appointed only on the orders of the President.

Giriraj Sharma
Giriraj Sharmahttp://bynewsindia.com
Active in journalism for two and a half decades. Interest in Political, and Social issues, Environment, Urban Development, Crime, Education, Health , AI etc. Ex Editor (M&C) Zee Regional Channels, ETV News Network/News18, Digital Content Head Patrika. com, ByNewsIndia Content Strategist, Consultant
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