Despite serious objections by the law Department on the draft proposal pertaining to amendment in the Criminal Procedure Code (CrPC), the Delhi Cabinet has passed it and decided to table the Bill in the Winter Session of the Delhi Assembly beginning Wednesday.
According to sources, the law Department had expressed strong reservations over tabling of the proposed Code of Criminal Procedure (CrPC Amendment Bill) on the ground that prior approval of the Centre was required to do so.
Being the concurrent subject, both the Centre and the State can formulate their laws under the CrPC but State needs prior approval from the Centre.
Sources said the law Department is reportedly of the view that though Delhi was governed by the Transaction of Business Rules of the NCT Act, it was going to table the proposed Bill as per the Constitution of India.
Sources said Section 55 of the TBR clearly states, “The lieutenant-Governor shall refer to the Central Government every legislative proposal, which (a) if introduced in a Bill form and enacted by the legislative Assembly, is required to be reserved for the consideration of the President under the proviso to sub clause (c) of clause (3) of article 239 AA or, as the case may be, under the second proviso to Section 24 of the Act.”
On the other hand, the Cabinet was of the view that the Constitution empowered the State to bring in such an Amendment Bill on its own.