JOIN USThe Supreme Court on Thursday explained the February 16 legal position taken by the Union Cabinet to impose President’s Rule and keep Delhi Assembly under suspended animation saying it (decision) can be revoked by the President or the Lieutenant Governor (L-G) even after approval by Parliament with the change in facts and circumstances.
The apex court passed an order as the Aam Aadmi Party (AAP) apprehended that the proclamation order could continue for one year depriving the people of a popular government as enjoined in the Government of National Capital Territory Delhi Act, 1991.
“We clarify that there is no fetters or impediment for the President to revoke or vary his proclamation under Article 356 (2) of the Constitution if it is required in the changed circumstances,” a bench of justices R M Lodha and Kurian Joseph.
“Notwithstanding the proclamation having been approved by Parliament, it may be revoked despite the provisions as contained in Section 50(1) of the Government of National Capital Territory Delhi Act, 1991,” the bench added.
Hearing the AAP petition, the court made clarification on the issue despite strong objection made by the counsel representing the Congress and the BJP.