Fact file: Arvind Kejriwal’s claims and what the law says

If the acts of the Delhi CM are scrutinised, he has himself made claims that are not in sync with the Constitution.

By: Express News Service | New Delhi | Updated: February 8, 2014 9:36 am
Arvind Kejriwal reminded the L-G that “you have taken an oath to protect the constitution, and not to be loyal to a party or the home ministry”. (AP) Arvind Kejriwal reminded the L-G that “you have taken an oath to protect the constitution, and not to be loyal to a party or the home ministry”. (AP)

Delhi Chief Minister Arvind Kejriwal on Friday slammed Lt Governor Najeeb Jung for seeking the Solicitor General’s opinion on the Jan Lokpal Bill. Hitting out at Jung, Kejriwal said that the Lt Governor was toeing the Congress line and was being loyal to a party rather than the Constitution. However, if the acts of the Delhi Chief Minister are scrutinised, it is evident that he has himself made claims that are not in sync with the provisions of the Constitution/law.

Here’s a list of some such claims by Kejriwal and what the law actually says about them:

Claim 1: Constitution doesn’t say Jan Lokpal Bill needs Centre’s nod before being tabled in Assembly.

Fact: Section 22 of Govt of NCT Act that supplements provisions of Constitution on Delhi Assembly says if law is financed by Consolidated Fund of the Capital, it shall not be introduced in Assembly without recommendation of L-G.

Claim 2: Barring three issues, Delhi govt has full authority to make laws.

Fact: Three issues mentioned by Kejriwal include public order, police and land. Jan Lokpal Bill covers Delhi Police and DDA.

Claim 3: Only when Bill passed by Assembly is in conflict with Central legislation, it needs President’s approval.

Fact: SG suggests parts of Jan Lokpal would be overlapping with Delhi Lokayukta, created by Parliament. Presidential assent required to avoid any repugnancy.

Claim 4: MHA directive that Bills have to be approved by Centre before tabling in Assembly unconstitutional.

Fact: SG has not declared Bill unconstitutional. Tabling it in Assembly without presenting it to L-G appears to be non-compliance of constitutional and statutory mandate laid down in GNCT Act, 1991.

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  1. D
    DR RAMANUJA
    Feb 8, 2014 at 8:45 am
    Why game changers MK HI,S BOSE were not declared as anti system - they also challenged then existing system?All social reformers profet Md, Jesus, Budha,Shankaracharys tried to change the then existing procedure to creat a new environment?
    Reply
    1. D
      DR RAMANUJA
      Feb 8, 2014 at 8:45 am
      Why game changers MK HI,S BOSE were not declared as anti system - they also challenged then existing system?All social reformers profet Md, Jesus, Budha,Shankaracharys tried to change the then existing procedure to creat a new environment?
      Reply
      1. A
        Anand
        Feb 8, 2014 at 5:19 am
        go shove yourself in modi's a.rse
        Reply
        1. A
          Anand
          Feb 8, 2014 at 5:19 am
          go shove yourself in modi's a.rse
          Reply
          1. M
            mystrious
            Feb 8, 2014 at 12:07 pm
            ghachu bakwas kar raha hai.
            Reply
            1. M
              mystrious
              Feb 8, 2014 at 12:07 pm
              ghachu bakwas kar raha hai.
              Reply
              1. M
                mystrious
                Feb 8, 2014 at 12:08 pm
                kute koo danda de do.
                Reply
                1. M
                  mystrious
                  Feb 8, 2014 at 12:08 pm
                  kute koo danda de do.
                  Reply
                  1. A
                    Afzal Khan
                    Feb 8, 2014 at 8:31 am
                    Then why Media all over put headlines like "Kejriwal Lokpal Bill unconsutional" shouldn't media be now blamed for this?
                    Reply
                    1. A
                      Afzal Khan
                      Feb 8, 2014 at 8:31 am
                      Then why Media all over put headlines like "Kejriwal Lokpal Bill unconsutional" shouldn't media be now blamed for this?
                      Reply
                      1. A
                        Amit C
                        Feb 8, 2014 at 4:46 am
                        I think AAP is going in right direction, the goal is to break this corrupt nexus of few politicians, bureaucrats and press. This news is showing that.
                        Reply
                        1. A
                          Amit C
                          Feb 8, 2014 at 4:46 am
                          I think AAP is going in right direction, the goal is to break this corrupt nexus of few politicians, bureaucrats and press. This news is showing that.
                          Reply
                          1. S
                            Sharad
                            Feb 8, 2014 at 10:29 am
                            Pappu leader ka feku paper. Kya baat hai sirji
                            Reply
                            1. S
                              Sharad
                              Feb 8, 2014 at 10:29 am
                              Pappu leader ka feku paper. Kya baat hai sirji
                              Reply
                              1. A
                                ashish
                                Feb 8, 2014 at 10:43 am
                                bania paper
                                Reply
                                1. A
                                  ashish
                                  Feb 8, 2014 at 10:43 am
                                  bania paper
                                  Reply
                                  1. H
                                    HanishKVC
                                    Feb 8, 2014 at 5:37 am
                                    Is this the over-enthu (based on FUD) conclusions of a reporter or facts cross checked by multiple consutional experts. Because based on listening to few noted lawyers as well as a ex-solicitor general the conclusion I could draw is that1. The LG had jumped the gun, even before the doents were available with him. Which in itself is suious of alterior motives2. Delhi Govt is well with-in its rights to go ahead with the process it has envisaged.If your report is based on feedback from Consutional experts, it would be very useful if you can name the Consutional experts consulted. As it will help the readers make informed opinion.
                                    Reply
                                    1. H
                                      HanishKVC
                                      Feb 8, 2014 at 5:37 am
                                      Is this the over-enthu (based on FUD) conclusions of a reporter or facts cross checked by multiple consutional experts. Because based on listening to few noted lawyers as well as a ex-solicitor general the conclusion I could draw is that1. The LG had jumped the gun, even before the doents were available with him. Which in itself is suious of alterior motives2. Delhi Govt is well with-in its rights to go ahead with the process it has envisaged.If your report is based on feedback from Consutional experts, it would be very useful if you can name the Consutional experts consulted. As it will help the readers make informed opinion.
                                      Reply
                                      1. H
                                        HanishKVC
                                        Feb 8, 2014 at 8:15 am
                                        Not sure why You didn't publish my comment asking whether this story was published after cross checking with multiple consutional experts or just based on hear say. And inturn if it was based Multiple consutional experts, please do publish their names also, so that readers can form a informed opinion on this subject, rather than blindly taking what one or the other says.
                                        Reply
                                        1. H
                                          HanishKVC
                                          Feb 8, 2014 at 8:15 am
                                          Not sure why You didn't publish my comment asking whether this story was published after cross checking with multiple consutional experts or just based on hear say. And inturn if it was based Multiple consutional experts, please do publish their names also, so that readers can form a informed opinion on this subject, rather than blindly taking what one or the other says.
                                          Reply
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                                            kabita mishra
                                            Feb 8, 2014 at 5:23 am
                                            Kejariwala is correct . Rules and regulation should be corrected if goes against public. After 60 years if the people of india are poor then why this consution.this consution is made by congres for congress which evenif not allowed the supreme court to act properly
                                            Reply
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