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Early Assembly Elections of Delhi
Context:
Delhi Chief Minister Arvind Kejriwal submitted his resignation to Lieutenant Governor, Kejriwal has also requested that the Delhi Assembly elections be held alongside Maharashtra’s, despite Delhi’s assembly term officially ending on February 23, 2025.
Constitutional Provisions:
- Article 324 of the Constitution vests the powers of superintendence, direction, and control of elections in the Election Commission of India (ECI).
- The ECI ensures elections are held before the current Assembly’s five-year term ends.
- Under Section 15(2) of The Representation of the People Act, 1951, elections cannot be called less than six months before the term’s end unless the Assembly is dissolved early.
Dissolution of the Assembly:
- Article 174(2)(b) of the Constitution empowers the Governor to dissolve the Legislative Assembly “from time to time.”
- The Council of Ministers can recommend dissolution of the House to the Governor before the end of its term, forcing a decision.
- If the governor finds that no alternative government can be formed, he can either call for president rule or dissolve the assembly and call for early elections.
- Once the Assembly has been dissolved, the ECI has to conduct fresh elections within six months.
- It is not mandatory for the Governor to accept the Chief Minister’s proposal for dissolving the Assembly.
- While the Chief Minister and the Council of Ministers can recommend dissolution, the Governor has discretionary powers under Article 174(2)(b) to either accept or reject the recommendation.
Delhi’s Special Status:
- Delhi is not a “full” state, and the Government of National Capital Territory of Delhi Act, 1991, applies.
- While Section 6(2)(b) of the Act says the Lieutenant Governor may from time to time dissolve the Assembly, even if a Chief Minister of Delhi recommends the dissolution of the Assembly, the final say is the Centre’s (through the LG).
Recent Examples:
- In September 2018, the Telangana Cabinet recommended the dissolution of the Assembly, whose term was to end in June 2019.
- The Governor accepted the recommendation, and Assembly elections were held in 2018.
- However, in the case of Delhi, the Lieutenant Governor’s decision to accept or reject the Chief Minister’s recommendation for early elections would ultimately depend on the Centre’s stance, as Delhi’s Lieutenant Governor acts on the aid and advice of the Central government.
