What if no party can form government in Delhi?

NEW DELHI: The election commission on Tuesday notified the results of the Delhi assembly polls, opening the door for government formation. If BJP, the single largest party, refuses to form the government, lieutenant governor Najeeb Jung may call the second-largest Aam Aadmi Party.

However, if no party manages to form a government in Delhi, President's rule will be the only option, putting the reins of the Delhi government in the lieutenant governor's hand. The next step will be a fresh election, probably during the Lok Sabha polls, to get a clear mandate from the voters of Delhi. Under the Constitution, Parliament can impose President's rule for six months and, if necessary, may extend it by another six.

It may take a week to a fortnight for a final picture to emerge. The lieutenant governor's office received the official notification through chief secretary D M Spolia on Tuesday. If no party is able to form a government with the magic figure of 36 MLAs, Jung will use his discretionary powers to approach the President and seek imposition of President's rule under Article 356 of the Constitution of India. The President will then decide whether to dissolve the assembly or put it in suspended animation till a decision on declaration of fresh polls is taken.

Once President's rule is declared, the bureaucracy—led by chief secretary D M Spolia and all department heads—will drive the administration and go to Jung for all major decisions. The lieutenant governor will assume the role of a functional head of the state in the absence of the chief minister and the council of ministers.

Experts point out that imposition of President's rule is different for a state like Delhi which is a Union territory with a legislature. Before 1993, when Delhi was just a Union territory without a legislature, the lieutenant governor was the head of the state and the administration was run by the chief secretary and the secretaries of the departments. Law and order, policing and land are still under LG as Centre holds the ultimate decision-making power on these subjects. All other administrative matters will now come under him. The 2014-15 budget will also have to be prepared under his supervision and tabled in Parliament for approval.

The legislators elected to the 70-member assembly, who will be entitled to salaries and perks, can get development funds only after taking oath as MLA. With no House in session, Jung may administer oath to the senior-most MLA of the single-largest party for appointment as pro-tem Speaker, who will administer oath to other legislators.

With the Lok Sabha elections likely in April-May, the code of conduct, which will lapse on December 12 for the December 4 assembly polls, will come back into force again sometime in March, stalling all policy planning. If Delhi has to go for a fresh poll at the same time, there is not enough time to empower the new MLAs with development funds to execute works in their areas.