The fate of 14 of the 15 contentious Bills passed by the Delhi Assembly is hanging in a balance with lieutenant-Governor Najeeb Jung referring them to the Union Home Ministry with his strong observations over procedural lapses, lack of proper vetting from the concerned departments and violation of Parliament Act as the AAP Government had tabled them in the House without seeking prior approval from the Centre.
Top sources told The Pioneer that prior approval of Ministry of Home Affairs (MHA) through Raj Niwas was mandatory before placing these Bills in the House of the Delhi Assembly as some of these had either financial implications and others were in conflict with the Bills or Acts already passed by Parliament.
The source said the l-G has observed that the Bills had been passed by the Assembly in violation of the Transaction of Business Rules governing the National Capital Territory of Delhi and Section 239 AA of the Constitution. “The law does not give powers to the Chief Minister, his council of Ministers and the State Assembly to directly pass the Bills which have financial implications or are in conflict with any Act of Parliament,” the sources said.
The l-G is said to have made most critical remarks on the Members of legislative Assembly of National Capital Territory Of Delhi (Salaries, Allowances, Pension etc.) (Amendment) Bill, the Ministers Of National Capital Territory Of Delhi (Salaries And Allowances)(Amendment) Bill, the Speaker and Deputy Speaker Of The legislative Assembly Of The National Capital Territory Of Delhi (Salaries And Allowances)(Amendment) Bill, the leader Of Opposition In The legislative Assembly Of The National Capital Territory Of Delhi (Salaries And Allowances)(Amendment) Bill and the Salary and Allowances of The Chief Whip In legislative Assembly Of The National Capital Territory Of Delhi (Amendment) Bill.
These Bills related to the Salary and Allowances of MlAs and Ministers were considered and passed on December 3 after legislators debated on them for 2 hours and 30 minutes.
The Bills were introduced in the Assembly without prior approval of the Home Ministry. The current controversy with the Centre over the issue of the DDCA is clear indication that the Bills would be passed. The Bills proposes huge hike in the salary and allowances of MlAs and Chief Minister, Speaker and leader of Opposition.
Even the Code of Criminal Procedure (Delhi Amendment) Bill, 2015, which was passed on November 23 after the House debated it for 2 hours and 7 minutes has been referred to the Union Government despite the fact that amendment in the CrPC needs Central approval.
The l-G is also said to have made critical remarks on the AAP Government’s anti-corruption watchdog, Delhi Janlokpal Bill, 2015, on which MlAs had debated for 4 hours and 16 minutes before it was passed on December 4.
Except for the Appropriation Bill pertaining to revised budget estimates, all other Bills are now in the Centre’s court. Once the Centre clears these bills, then and only then they can be implemented in the city.
One of the important Bills related to the rights of the citizens for time bound delivery of services, on which debate was held for 2 hours and 32 minutes, and which was passed by a thumping majority has been sent to the Centre. Among the Bills which the l-G has referred to the Centre are the Delhi School (Verification of Accounts and Refund of Excess Fee) Bill, 2015, Delhi School Education (Amendment) Bill, 2015 (Bill No.10 of 2015) and the Right of Children to Free and Compulsory Education (Delhi Amendment) Bill, 2015.
The three Bills on the education were considered and adopted on December 1. The debate on these bills was held for 4 hours and 8 minutes. Other bills sent to the Centre are Minimum Wages Amendment Bill and the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions (Amendment) Bill.