Jan Lokpal needs Centre’s nod, Solicitor General tells Lt-Governor Najeeb Jung

Bill can become law in National Capital Territory only after it receives the President’s assent: Solicitor General.

New Delhi | Published:February 6, 2014 9:59 pm
Solicitor General said the Bill must be presented to the Lieutenant Governor before it is tabled in the state Assembly. (IE Photo: Prem Nath Pandey) Solicitor General said the Bill must be presented to the Lieutenant Governor before it is tabled in the state Assembly. (IE Photo: Prem Nath Pandey)

Raising a red flag over the move by Delhi’s AAP government’s to bypass the Centre on the Jan Lokpal Bill, Solicitor General Mohan Parasaran has said the Bill must be presented to the Lieutenant Governor before it is tabled in the state Assembly.

Parasaran has said the Bill can “become law in the National Capital Territory only after it receives the President’s assent”, it is learnt.

His opinion came in response to L-G Najeeb Jung’s request for counsel on two counts: whether presenting the Bill in the Assembly “without sending the legislative proposal to the Central government” —  as Arvind Kejriwal’s government has sought to do — violates the constitution; and whether the Delhi government has the power to legislate on matters concerning the Delhi Police and the Delhi Development Authority.

Parasaran’s opinion suggests the Delhi government will not only be violating the constitution if it sticks to its plan of “directly” discussing the Bill on the floor of the house, but adds that Presidential sanction is required to bring the Delhi Police under the Jan Lokpal.

To support his opinion, the Solicitor General has relied on provisions in the Government of National Capital Territory of Delhi Act, 1991, it is learnt. According to the Act, no Bill that involves expenditure from the Consolidated Fund of India –  as the Jan Lokpal Bill does –  can be introduced in the Assembly without “the recommendation of the Lieutenant-Governor”.

Since the Jan Lokpal Bill’s provisions will “overlap” with those in the Lokpal and Lokayuktas Act, 2013, passed by Parliament, Parasaran has suggested “the law can never come into force” without the President’s assent.

Also, throwing a wrench in the AAP’s works is Article 239AA of the constitution which stipulates that the Delhi government cannot make laws with respect to the police, unless it is approved by the President.

As reported by The Indian Express, the draft Bill seeks to bring the Delhi Police within its ambit. Since Parasaran has not been provided a copy of the Bill, he has simply highlighted Parliament’s superior legislative power on this count.

While the AAP government has said it will push the Bill without seeking the approval of the Union government, the Delhi Congress has said it will not support a bill which is not constitutional, setting the stage for a major confrontation between them.

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  1. B
    Brijkhanna
    Feb 6, 2014 at 8:24 pm
    As per existing procedures any bill to be introduced in Legislative embly of Union Territory of Delhi has to go to Ministry of Home Affairs for vetting. After this bill is ped by Legislative embly, the same shall be referred to Lt Governor for his signature, who the shall forward it to the President for his nod. Is there any provision in the act which granted Delhi Union Territory Status that bill can be introduced outside embly hall and discussed in the presence of huge gathering? Shall this bill stands Consutional validity?
    Reply
    1. B
      Brijkhanna
      Feb 6, 2014 at 8:24 pm
      As per existing procedures any bill to be introduced in Legislative embly of Union Territory of Delhi has to go to Ministry of Home Affairs for vetting. After this bill is ped by Legislative embly, the same shall be referred to Lt Governor for his signature, who the shall forward it to the President for his nod. Is there any provision in the act which granted Delhi Union Territory Status that bill can be introduced outside embly hall and discussed in the presence of huge gathering? Shall this bill stands Consutional validity?
      Reply
      1. M
        Mahi Kumari
        Feb 7, 2014 at 6:04 am
        AAP's Delhi CM Arvind Kejriwal don't have no any experience as politician, Central government is already ped Jan Lokpal bill in last parliament session, Rahul's Jan Lokpal bill will kill more then 70% of corruption from India but Arvind just try to get some chip political publicity over on Jan Lokpal
        Reply
        1. M
          Mahi Kumari
          Feb 7, 2014 at 6:04 am
          AAP's Delhi CM Arvind Kejriwal don't have no any experience as politician, Central government is already ped Jan Lokpal bill in last parliament session, Rahul's Jan Lokpal bill will kill more then 70% of corruption from India but Arvind just try to get some chip political publicity over on Jan Lokpal
          Reply
          1. K
            Komal Tanwar
            Feb 7, 2014 at 10:37 am
            Aam Aadmi Party's Delhi CM Arvind Kejriwal is like dictator, what he said it should be implanted, If congress party already p Jan Lokpal in both houses than why Arvind made his personal bill for Delhi? Congress party should take back their support from AAP government.
            Reply
            1. K
              Komal Tanwar
              Feb 7, 2014 at 10:37 am
              Aam Aadmi Party's Delhi CM Arvind Kejriwal is like dictator, what he said it should be implanted, If congress party already p Jan Lokpal in both houses than why Arvind made his personal bill for Delhi? Congress party should take back their support from AAP government.
              Reply
              1. K
                Komal Tanwar
                Feb 7, 2014 at 10:37 am
                Aam Aadmi party ke Arvind Kejriwalko ye samjhna chahiye ki wo koi rashtpati nahi ha ki wo jo bhi bole wo pura ho jaye, arvind ab apne aap ko Pranab da se bhi upar samjhne laga ha, Arvind ne delhi walo ke diye kara kuch nahi ha bus faltu ko shor machata rahata ha, is se acha to Shila ji ki sarkar thi un ke samye me dilli walo ko kabhi koi pareshani nahi thi.
                Reply
                1. K
                  Komal Tanwar
                  Feb 7, 2014 at 10:37 am
                  Aam Aadmi party ke Arvind Kejriwalko ye samjhna chahiye ki wo koi rashtpati nahi ha ki wo jo bhi bole wo pura ho jaye, arvind ab apne aap ko Pranab da se bhi upar samjhne laga ha, Arvind ne delhi walo ke diye kara kuch nahi ha bus faltu ko shor machata rahata ha, is se acha to Shila ji ki sarkar thi un ke samye me dilli walo ko kabhi koi pareshani nahi thi.
                  Reply
                  1. N
                    Nram
                    Feb 6, 2014 at 4:43 pm
                    Now we will see the corrupt filling jails. Long live the Jan Lokpal. Well done AAP. Keep up the good work. The aam aadmi wants more. Ye dil mange more.
                    Reply
                    1. A
                      abhi
                      Feb 7, 2014 at 1:53 am
                      Congress is not telling the truth. No prior approval needed from LT governor for bringing bill. Look at 3.a:delhiembly.nic/co...Kejriwal will bring it to vote Congress/BJP have two optionsrefuses to p: game overCongress pes. Law goes for President's approval, He refuses:Game over.Congress just wants to make a case that the bill is unconsutional and refuse to p it. This is a game of chess where a lot of posturing is happening behind the scenes and rhetoric in front.
                      Reply
                      1. A
                        abhi
                        Feb 7, 2014 at 1:53 am
                        Congress is not telling the truth. No prior approval needed from LT governor for bringing bill. Look at 3.a:delhiembly.nic/co...Kejriwal will bring it to vote Congress/BJP have two optionsrefuses to p: game overCongress pes. Law goes for President's approval, He refuses:Game over.Congress just wants to make a case that the bill is unconsutional and refuse to p it. This is a game of chess where a lot of posturing is happening behind the scenes and rhetoric in front.
                        Reply
                        1. A
                          abhi
                          Feb 7, 2014 at 1:54 am
                          Congress is not telling the truth. No prior approval needed from LT governor for bringing bill. :delhiembly.nic/co...Kejriwal will bring it to vote Congress/BJP have two optionsrefuses to p: game overCongress pes. Law goes for President's approval, He refuses:Game over.Congress just wants to make a case that the bill is unconsutional and refuse to p it. This is a game of chess where a lot of posturing is happening behind the scenes and rhetoric in front.
                          Reply
                          1. A
                            abhi
                            Feb 7, 2014 at 1:54 am
                            Congress is not telling the truth. No prior approval needed from LT governor for bringing bill. :delhiembly.nic/co...Kejriwal will bring it to vote Congress/BJP have two optionsrefuses to p: game overCongress pes. Law goes for President's approval, He refuses:Game over.Congress just wants to make a case that the bill is unconsutional and refuse to p it. This is a game of chess where a lot of posturing is happening behind the scenes and rhetoric in front.
                            Reply
                            1. B
                              bangalorean
                              Feb 6, 2014 at 10:22 pm
                              since there is already a law there is no necessity of another law of AAP. This APE PARTY can use the same as they like - and that is the reason why this kejrival is trying to bring in through back door. MR.PRESIDENT DO NOT ACCEPT THE SAME. Otherwise every state doing the same in the country and we end up with so many janlokapal's in the country - everyone contradicting the other.
                              Reply
                              1. B
                                bangalorean
                                Feb 6, 2014 at 10:22 pm
                                since there is already a law there is no necessity of another law of AAP. This APE PARTY can use the same as they like - and that is the reason why this kejrival is trying to bring in through back door. MR.PRESIDENT DO NOT ACCEPT THE SAME. Otherwise every state doing the same in the country and we end up with so many janlokapal's in the country - everyone contradicting the other.
                                Reply
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