Delhi is under full-fledged President Rule without invoking Articles 356, 357 and 239AB of the Constitution

Delhi is under full-fledged President Rule without invoking Articles 356, 357 and 239AB of the Constitution

(A) The Ratio discernible from a recent Delhi High Court Judgment comprised in 194 pages (Re GOVERNMENT OF NCTD VS UOI, WP (C) 7887/2015, DOD AUGUST 04, 2016) qua power tussle between Central Government - LG and Delhi Government may be summed up in few lines:

1. Delhi Legislative Assembly is a subordinate body to Central Government and Parliament.

2. Delhi “Council of Ministers” headed by Delhi “CM” is in fact an ELECTED “ADVISORY BODY” to a SELECTED “AGENT” (also called DELEGATEE) of the Central Government with a specific rider that matters on Police, Law & Order, Land and Services are absolutely “out of bounds” from the “terms of reference” of said “BODY”.

3. Delhi CM is an ELECTED “HEAD” of said “BODY”. [For all practical purposes, the Government of Delhi (i.e. NCTD) means Central Government - LG]

(B) Generally what is President Rule under Articles 356/357….Elected government of the State  is dismissed by the President (ie Central government)…Governance of State taken over by  President (Central government)… then power  delegated to Governor of the State….President (Central Government)  or Governor  NOMINATE some ADVISORS….Governor governs the State aided by  said NOMINATED ADVISORS  and State bureaucracy….Power of legislature of State exercisable by the  Parliament or under authority of Parliament…usually such power is delegated to President (Central government) and then delegated to the Governor….Meaning thereby, pursuant to MHA notification dt 21 May 2015 and Delhi HC jt dt 4-8-2016 thereon, Delhi  is under  full-fledged President Rule without invoking Articles 356 and 239AB (with only difference that in place of NOMINATED ADVISORS , the Delhi is having ELECTED ADVISORS in the form of elected legislature and elected council of ministers headed by a Chief Minister)
NOTE:-
Interpretation of germane Constitutional and statutory provisions as they exist today by Delhi High Court in its judgment dt 4-8-2016 indicates that  key of the "ELECTED GOVERNMENT OF NCTD" is with the Central government. Central Government can wind up and unwind the power of elected government of NCTD at its sweet will. It's pertinent to mention herein that the then Central Government led by Sh. Vajpayee ji had empowered then Chief Minister of NCTD  Sh. Sahab Singh Verma by MHA notification dt 24 September 1998 and the present Central Government led by Sh. Modi ji has disempowered the present Chief Minister of NCTD  Sh. Arvind Kejriwal by replacing the said MHA notification of 1998 and Lt. Governor notification dt 8 September 1993 qua ACB  with  MHA notification dt 21 May 2015 (rendering elected government of NCTD powerless).