Despite being in a minority, the Delhi government is well within its rights to recommend dissolution of the Assembly to the Lieutenant-Governor, but its recommendation is not binding, legal experts say.
Soon after he announced his government’s resignation on Friday, Chief Minister Arvind Kejriwal told his supporters that he had recommended dissolution of the Assembly and early elections.
Supreme Court lawyer and senior AAP leader Prashant Bhushan told The Hindu: “The government is entitled to make such a recommendation and if the Lieutenant-Governor finds that any of the Opposition parties is willing to form the government, he can ask it do so… .”
Solicitor-General Mohan Parasaran said the Lieutenant-Governor was not bound to accept the recommendation.
He can keep the Assembly in suspended animation for two months and explore options.