On Wednesday, when the Delhi cabinet cleared the much-awaited Jan Lokpal Bill, it was a sense of déjà vu. Exactly one year and nine months ago, the then AAP cabinet in February 2014 cleared the Jan Lokpal Bill. But before it could be tabled in the Assembly and approved, the Lieutenant-Governor objected to it as the Bill required prior clearance from the Centre, which the AAP government conveniently ignored, leading the BJP and Congress to call it ‘unconstitutional’.
The situation has again boiled down to the same argument- to send the Bill to the Central government before it is tabled in the Assembly- as chief minister Arvind Kejriwal this time as well hasn’t yet sent the draft of the Jan Lokpal to the L-G and the Home Ministry.
While Arvind Kejriwal in 2014 resigned as Jan Lokpal Bill couldn’t be tabled, this time they are confident of getting it approved in the assembly due to their brute majority. The Aam Aadmi Party has 67 MLAs in the 70-member House.
Delhi Assembly speaker, Ram Niwas Goel, said that though the cabinet can send the draft Bill to the L-G after the cabinet clears it but it isn’t mandatory. “The draft Bill can be sent to him (L-G Najeeb Jung) even after the Assembly clears it.”
He, however, admitted that the only drawback in doing so is that the L-G then will not have the option to tweak the Bill. “But it is not unconstitutional to table the Bill in the assembly without his or Centre’s recommendations.” Explaining the procedure, Mr Goel said that the Bill will go to the Business Advisory committee which will then send it to the Vidhan Sabha. “As Speaker, Vidhan Sabha is not concerned whether L-G cleared it or not.”
But constitutional experts say that due to the nature of the Jan Lokpal Bill, it needs Centre’s approval before it comes for discussion in the assembly. Former Vidhan Sabha secretary, SK Sharma, explained that every finance bill, such as the Jan Lokpal Bill, has to be sent to the Centre first before it is tabled in the Delhi assembly.
“Secondly, the Lokayukta Act in Delhi was cleared by the Parliament and the AAP-government is trying to amend the same act. It has to be seen and approved by the centre. Even for the President’s assent, L-G’s recommendations on the bill are mandatory. But if the Assembly cleared Bill goes to the L-G, he cannot recommend anything. It will be in limbo and unconstitutional,” Mr Sharma said. “If the AAP-government genuinely wants to implement Jan Lokpal “then why are they scared to follow the procedure?”
Mr Goel, however, said the Jan Lokpal Bill is almost 95 percent same as the Lokpal in Uttarakhand and Lokayukta of Delhi with some amendments. “In such case, it doesn’t need L-G or Centre’s approval,” he said. He said that he will explain the law in the assembly session on Friday and if the BJP tries to object, “we will still go ahead and approve the Bill. Unlike last time, we (AAP) have majority.”
Meanwhile, sources in the government said that chief minister will send the Bill after approval in the assembly to the L-G for President’s assent. However, close aide to the CM said that it is still not decided. “The Bill was approved on Wednesday, we haven’t yet decided to directly table the Bill in the session or send it first to L-G and Home Ministry for recommendations.”
