lieutenant-Governor Najeeb Jung has referred the Delhi Jan lokpal Bill 2014 to the Union law Ministry to get an opinion on the constitutional position — whether it was necessary for the Delhi Government to obtain prior approval from the Centre before introducing it in the Delhi Assembly. After getting adverse comments from Finance, law, Administrative Reforms and Home Departments regarding Delhi Jan lokpal Bill 2014, which mandated prior approval from the Centre due to its financial implications as it involved expenditure from the Consolidated Fund of the Capital, Jung has referred the issue to the law Ministry for a “final opinion”.
Meanwhile, in a letter to Arvind Kejriwal, Jung has asked the Chief Minister to reconsider his decision of holding a special Assembly Session at IGI stadium as Delhi Police has raised concerns over security and law and order. Expressing his surprise over the Delhi Police’s stand, Kejriwal shot off a letter to the l-G asking him why Delhi Police cannot provide security to an open session of the Delhi Assembly, if it can provide security to IPl matches. “If police cannot provide security in one stadium how can it be expected to keep the entire city safe,” Kejriwal questioned.
Earlier, Kejriwal met the l-G in the afternoon and said that the l-G was in a dilemma over the Jan lokpal Bill as on one hand there is the Constitution and on the other hand there is the Home Minister's order. On Monday, the l-G also sent a communiqué to the Delhi Chief Minister clarifying his stand. The letter highlighted the fact that prior recommendation of the l-G for the bill was required since it involved expenditure from the Consolidated Fund. The Council of Ministers did not accept the l-G's views.
“Section 22(3) of the Government of NCT of Delhi Act, 1991 is clear that the Bill will not be passed by the Assembly without the l-G's recommendation for its consideration. Besides, since the Central Government has already enacted the lokpal and the lokayukta Act, 2013, and with many of the provisions overlapping with the proposed Jan lokpal Bill of the Delhi Government, the Delhi Jan lokpal Bill will have to be placed by the l-G for purposes of consideration and the grant of assent by the
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. The l-G office response came on a letter dated January 31, by Kejriwal explaining the cabinet decision and convening an open session at IGI stadium. Jung had replied to Kejriwal's letter to him on Friday, explaining that the question addressed to Solicitor General Mohan Parasaran was not on the content of the Jan lokpal Bill but on the constitutional validity on the issue of its introduction. In his reply to Kejriwal, Jung said the Solicitor General's opinion was sought as the Chief Minister in his letter on January 31 had indicated his government's intention to introduce the bill in the Assembly and to have a discussion on it during a special session at IGI stadium.
On the issue of holding the final session of the Assembly at IGI stadium, the l-G had indicated that it was imperative to take the views of the Delhi Police for maintenance of law and order. “The Delhi Police is clear that it would not be possible to identify and segregate people coming to the venue who may have intention to disturb the Assembly. The inability to handle large crowds had become evident in the Janta Darbar and it would indeed be more difficult to control crowds within the vicinity of the Assembly. “Therefore, in view of the law and order position and keeping in view the sanctity of the Assembly proceedings he has requested Kejriwal to reconsider this decision,” l-G office said.