Delhi needs more powers

Stand-off over Lokpal politically motivated

THE root cause of the latest controversy over whether the Centre's prior clearance is required for passing the Lokpal Bill is the absence of sufficient powers and denial of full statehood to Delhi. When Delhi became a state in 1992 after Article 239AA was introduced in the Constitution through an amendment, it was granted status more than that of a Union Territory and less than a state. The Delhi units of the Congress and the BJP as well as the Aam Aadmi Party are unanimous in demanding complete statehood for Delhi. As Chief Minister, Sheila Dikshit raised this demand when she faced protests over crimes against women. She did not press the issue since her party led the coalition at the Centre.

Arvind Kejriwal has no such limitations. Since AAP was voted to power for its anti-corruption stance and demand for a strong Lokpal, Kejriwal is aggressively pursuing the issue. The controversy arose after Solicitor General Mohan Parasaran's legal advice to the Lieutenant-Governor was leaked in bits and pieces to the media. Parasaran did not comment on the constitutionality of the Lokpal Bill since he had not seen it nor did he say the government could not introduce or discuss the Bill. Kejriwal’s angry letter to the L-G added fuel to the fire.

It seems Lieutenant-Governor Najeeb Jung jumped the gun in seeking legal advice, which found its way to the media without the context in which it was given. The real issue is: Can a Home Ministry order limit a state government's powers? AAP should challenge that in court. Secondly, since the Centre has already passed a law on Lokpal and Lokayuktas, its legislation would prevail, in case of a conflict, which is likely, over the one to be passed by the government in Delhi. If a law contravenes a constitutional provision, it is set aside by courts. In the light of this, the Delhi Assembly should seriously consider the Bill from all angles before passing it. What one witnesses now is the play of politics by all parties ahead of the Lok Sabha elections.

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