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Jan lokpal Bill in legal tangle; but Kejriwal vows to go ahead

Rajesh Kumar, Pramod Kumar Singh

Preparing for a showdown with the Centre, the AAP Government has decided to table the Jan lokpal Bill on Thursday despite Union law Ministry’s view that the Centre’s prior approval is mandatory for tabling of the Bill in the Delhi Assembly.

The hardening of the AAP Government’s stand came even as the Congress and the BJP held the move by the ruling dispensation as “unconstitutional”. “There is no rethinking in our position. We are going ahead with tabling of the Jan lokpal Bill,” a senior Government official said on Wednesday night. The Union law Ministry has held that the rules Governing Delhi Government’s legislative business were Constitutional where Centre’s consent was required before State Bills’ passage. lieutenant-Governor Najeeb Jung on Monday had sought law Ministry’s view on the vexed issue.

The law Ministry has held that the Transaction of Business Rules (TBR) makes it mandatory for the lieutenant-Governor to refer to the Centre every legislative proposal which may necessitate additional financial assistance. The four-day session of the Assembly is being convened to pass the Jan lokpal and the Swaraj Bills. The AAP Government has announced plans to hold the last day of the session at Indira Gandhi Indoor stadium.

Chief Minister Arvind Kejriwal has been maintaining that there is no need to obtain prior approval from the Centre while the BJP and the Congress are of the view that clearance was necessary under Transaction of Business Rules (TBR), 2002. Top sources told The Pioneer that the Jan lokpal Bill is a money Bill and as per established norms, all money Bills should be sent to the l-G before tabling in the Assembly. In an opinion rendered to the Union Home Ministry, the law Ministry has indicated the Delhi Jan lokpal Bill will have to be referred to the President before its enactment, sources said.

The Swaraj Bill too could not be cleared by the Delhi Cabinet as deliberations were still on Wednesday. The Government is also expected to introduce a revised estimate of Budget Bill for the fund allocation to feed the power subsidy announced by his Government as there is no budgetary allocation for the same in the current budget. PWD Minister Manish Sisodia said, “The lieutenant-Governor has requested the Government to reconsider the decision to hold the special session of the Assembly in a stadium. The issue was discussed again in the cabinet meeting and it was decided that the Government would go ahead with its earlier decision.”