Stoking controversy with lieutenant-Governor Najeeb Jung and Centre, the AAP Government has tabled a Bill “The Delhi (Right of Citizen to Time Bound Delivery of Services) Amendment Bill-2015” in the Delhi Assembly on Monday.
It proposes to change the meaning of “Government” from lieutenant-Governor of NCT Delhi to the Government of NCT of Delhi.
The Assembly has also passed an amendment in the Code of Criminal Procedure (CrPC) in which it has sought more power to order magisterial enquiry in all criminal matters. The amendment was approved by the House despite knowing the fact that state government has no power to amend the CrPC without approval of Centre.
The Delhi (Right of Citizen to Time Bound Delivery of Services) Amendment Bill-2015 aimed to provide citizen services in a time-bound manner and compensate the citizen automatically in case of delay of services beyond the prescribed period. The current Act has put the entire onus of getting compensation, fixing the responsibility for delayed services on the citizen. The content of the Bill may create tussle with lieutenant Governor as it has tried to make it clear in the Bill that Government means Delhi Government not lieutenant Governor.
“In the Amendment of Section 2, Clause 2(f), the expression ‘Government’ means the lieutenant Governor of NCT appointed by the President under article 239 and designated as such under article 239 AA of the Constitution shall be substituted by ‘Government’ means the Government of NCT of Delhi. In section 2, a new clause (f) (i), the expression “’lieutenant Governor’ means the Administrator appointed under Article 239 by the President and designated as such under Article 239AA of the constitution”, shall be added,” the Bill said.
Other than this, Delhi Assembly also passed a Bill proposing amendments in the Code of Criminal Procedure (CrPC), setting up another flashpoint with the Centre, as it seeks to broaden the scope of magisterial probes into cases of kidnapping, rape and disappearances. The Opposition BJP accused the AAP Government of “challenging” the authority of Parliament by empowering itself through the move. CrPC is a subject in the Concurrent list.
Till now, magisterial probe is ordered only in cases of custodial death, homicide, suicide of a woman or death of a woman. Through the amendment to section 176(1) of CrPC the Government wants to widen its scope to cover any other cases of suspicious disappearance, rapes in police custody, suspicious death, Delhi Home Minister Satyender Jain, who tabled the Bill, said.
Deputy Chief Minister Manish Sisodia said except three issues — police, land and law and order, the City Government has the power bring amendments in laws governing other areas. “No question should be raised over the power of Delhi Assembly,” he said.