Lt Guv seeks Law Ministry’s opinion on Jan Lokpal Bill

Tribune News Service

New Delhi, February 10

Delhi Chief Minister Arvind Kejriwal’s move to bring about a Jan Lokpal Bill has put the Central Government in a peculiar situation. The government is set to question the constitutional powers of the Delhi Government.

Delhi Lieutenant Governor (LG) Najeeb Jung today questioned the procedure being followed to pass the Bill and referred the matter to the Union Ministry of Law and Justice for a final opinion on its constitutional position.

Separately, the Delhi unit of the BJP and the Congress joined issue by accusing Kejriwal of creating a constitutional crisis.

The Central government, sources say, considers the proposed Bill as ultra vires of the Constitution because the Delhi Assembly needs the consent of the Union Government before tabling any Bill. Kejriwal has contested this.

In other states, when the Assembly passes a Bill, it is sent for ratification of the President. In case the President is not satisfied, the matter is sent for ‘presidential reference’ to the constitution bench of the Supreme Court. The Cauvery river water dispute was one such recent reference. Punjab Termination of Agreements Act, 2004 is another example.

A Delhi BJP delegation submitted a memorandum to President Pranab Mukherjee and accused the Delhi Government of creating a constitutional crisis by being adamant and trying to bring the Delhi Jan Lokpal Bill without the mandatory approval, recommendation and consent of the Union Government. The Delhi Congress, on the other hand, has asserted that it will not back any unconstitutional Bill. Najeeb Jung referred the matter to the Union Ministry of Law and Justice for a final opinion.

“The question is the need to follow procedures as mandated under the Constitution. Since the CM had written to the LG indicating the intent to introduce the Bill, the LG had asked the Solicitor General to give opinion on the Constitutional validity,” Jung said in a statement giving details of the response to Arvind Kejriwal’s letter.

'A constitutional crisis'

• A Delhi BJP delegation has submitted a memorandum to President Pranab Mukherjee and accused the Delhi Government of creating a constitutional crisis by being adamant and trying to bring the Delhi Jan Lokpal Bill without the mandatory approval
• The Delhi Congress, on the other hand, has asserted that it will not back any unconstitutional Bill

Centre's stand

• The Central government considers the proposed Bill as ultra vires of the Constitution
• It is of the view that the Delhi Assembly needs the consent of the Union Government before tabling any Bill.

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