Both views on Jan Lokpal Bill valid, says Prashant Bhushan

The BJP and the Congress have only been talking about it for years without doing anything concrete.

New Delhi | Published:February 9, 2014 2:31 am
Prashant Bhushan Prashant Bhushan

As his party engages in a battle of wits with Lt-Governor Najeeb Jung over the constitutionality of the Delhi Jan Lokpal Bill, even questioning his impartiality, AAP leader Prasant Bhusan said both sets of opinion about the contentious Bill are valid.

“There can be two views on the legality of the Bill. It is true that the Centre’s approval is required, but the Constitution also contains a provision under which a Bill that is passed without the prior approval of the Centre is not invalid. Article 255 of the Constitution says the law can stand, provided it is subsequently approved by the President,” Bhusan said.

He said it was to pre-empt legal hurdles like these that Delhi needed full statehood, but the BJP and the Congress have only been talking about it for years without doing anything concrete.

Article 255 states that requirement for previous sanction should be regarded as a matter of procedure and no act of Parliament or state legislature would be invalid only because previous sanction as required by the Constitution was not given. The Act, however, would have to receive the assent of the President.

The Jan Lokpal Bill moved by Delhi’s AAP government has become a flashpoint not just between Arvind Kejriwal and the Congress, but also between the government and the L-G after he sought the opinion of Solicitor General Mohan Parasaran on the matter.

Things took a turn for the worse when AAP accused Jung of being a Congress stooge after the  letter from Parasaran, wherein  he had opined that the Bill is unconstitutional, became public.

The faceoff between Jung and Kejriwal is interesting also because it was Jung, who by agreeing to send two policemen on leave, had thrown AAP a lifeline on the second day of Kejriwal’s dharna outside Rail Bhawan.

Asked why, given the room for different legal opinions on the Bill, his party had lambasted the L-G, Bhusan said. “It is a technicality, it should not be treated as an irregularity. When there is a provision under which the Bill is constitutional then why is he blocking it?” he said.

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  1. A
    a concerned
    Feb 9, 2014 at 7:23 am
    Instead of sitting pretty and enjoying the benefits of power in Delhi, AAP is struggling everyday to introduce people friendly measures against all vested interests. Already the issues they have raised is having an effect in other states. Maharashtra CM has cut his security by 20% and stopped using red beacon, etc. Wish them luck.
    Reply
    1. M
      Mahi Kumari
      Feb 9, 2014 at 8:40 am
      Hope Kejriwal does not go on a dharna again for this. there should be no objection if LG is seeking advice from whoever regarding what is the consutional status regarding ping of any bill by the state govt. I don't think any conspiracy of congress party which AAP is saying.
      Reply
      1. R
        Rohan
        Feb 10, 2014 at 11:08 pm
        So use the first option to avoid confrontation. Respect LG. The second option is just to take care in case something gets ped by chance. Do not fool people.
        Reply
        1. v
          velaler.com velaler
          Feb 9, 2014 at 10:01 am
          Take LG into confidence instead of confronting with him, if you actually wants to remove corruption from public life. Although some effect of AAP is seen on corrupt Police people, but lot hAS TO BE DONE. Diplomacy is best. Follow hijee and Anna. Both startrd at a low key and ultimately got what they wanted e.g. freedom and Lok Pal Bill, although with parion and half baked Lok Pal Bill. Take what is available and try for the rest.
          Reply
          1. v
            velaler.com velaler
            Feb 9, 2014 at 10:01 am
            Take LG into confidence instead of confronting with him, if you actually wants to remove corruption from public life. Although some effect of AAP is seen on corrupt Police people, but lot hAS TO BE DONE. Diplomacy is best. Follow hijee and Anna. Both startrd at a low key and ultimately got what they wanted e.g. freedom and Lok Pal Bill, although with parion and half baked Lok Pal Bill. Take what is available and try for the rest.
            Reply
            1. S
              Subramanian Venkatraman
              Feb 9, 2014 at 6:47 am
              How like a vakil PrashantBhushan talks! Reminds me of a story: A judge started convicting the accused oon as prosecution finished saying the cution was right. The defencevakil protested saying how could the judge decide the case without hearing thedefence, to which the Judge again said that the defence was right. One of thespectators asked how could both be right to which the Judge said: "Yes,you are also right!" But Bhushan says the law even after being ped byDelhi embly will require President's ent before it could be implemented.Since the President will be advised by the Central Cabinet, in this case HomeMinistry, it looks as though Parasaran was right and Soli Sorabjee wrong. AAPis making a drama of this only because it wants to boast before people that ittried to enact a law against corruption which all other parties blocked!
              Reply
              1. S
                Subramanian Venkatraman
                Feb 9, 2014 at 6:47 am
                How like a vakil PrashantBhushan talks! Reminds me of a story: A judge started convicting the accused oon as prosecution finished saying the cution was right. The defencevakil protested saying how could the judge decide the case without hearing thedefence, to which the Judge again said that the defence was right. One of thespectators asked how could both be right to which the Judge said: "Yes,you are also right!" But Bhushan says the law even after being ped byDelhi embly will require President's ent before it could be implemented.Since the President will be advised by the Central Cabinet, in this case HomeMinistry, it looks as though Parasaran was right and Soli Sorabjee wrong. AAPis making a drama of this only because it wants to boast before people that ittried to enact a law against corruption which all other parties blocked!
                Reply
                1. S
                  Subramanian Venkatraman
                  Feb 9, 2014 at 3:58 pm
                  WOW! Maharashtra CM's actions are going to change the w economy of India!
                  Reply
                  1. S
                    Subramanian Venkatraman
                    Feb 9, 2014 at 3:58 pm
                    WOW! Maharashtra CM's actions are going to change the w economy of India!
                    Reply
                    1. S
                      Sanjay Dhariwal
                      Feb 9, 2014 at 1:15 pm
                      AK govt is working on 48 hrs basis and for the best interest of Delhi people in particular and clean and honest democracy in general. We are used to of so called sys and prodecures thus, unable to understand the new way of doing it. and then we fall pray of saying Anarchy etc. et.c We people really need to support leaders like AK to make our sys more people frendly.
                      Reply
                      1. S
                        Sanjay Dhariwal
                        Feb 9, 2014 at 1:15 pm
                        AK govt is working on 48 hrs basis and for the best interest of Delhi people in particular and clean and honest democracy in general. We are used to of so called sys and prodecures thus, unable to understand the new way of doing it. and then we fall pray of saying Anarchy etc. et.c We people really need to support leaders like AK to make our sys more people frendly.
                        Reply
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