Sheila Dikshit will continue to be the Chief Minister of Delhi till the President, based on the Union Cabinet’s view, decides on the report of Lieutenant-Governor Najeeb Jung, informed sources have said.

A senior official told The Hindu that the December 23 deadline for deciding on the Lieutenant-Governor’s invitation to form the government in Delhi was set by the Aam Aadmi Party on its own. “It is the deadline set by the AAP itself; it is not an order from the L-G,” he said.

Ms. Dikshit, who was defeated in the New Delhi Assembly constituency by AAP convenor Arvind Kejriwal, will continue to be the administrative head of the National Capital Territory of Delhi till alternative arrangements are made, but she cannot take any policy decisions, except seeing routine files for the day-to-day functioning of the government.

The L-G, in his report to the President, has recommended invocation of Article 239AB of the Constitution as the single largest party (BJP with 31 MLAs) and the second largest party (AAP with 28 MLAs) could not form the government in Delhi.

Article 239AB reads: Provision in case of failure of constitutional machinery – If the President, on receipt of a report from the L-G or otherwise, is satisfied –

(a) that a situation has arisen in which the administration of the NCT 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 NCT 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 may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the NCT in accordance with the provisions of Article 239 and Article 239AA.


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