Sunday, Sep 21, 2014

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

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)
Express News Service | New Delhi | Posted: February 8, 2014 9:13 am | Updated: February 8, 2014 9:36 am

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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