It pushes for own lokpal Act sans Centre’s nod
While one can understand the Aam Aadmi Party's desperation to get its favourite Jan lokpal Bill endorsed by the Delhi Assembly — it is surviving by the day and is eager to bow out with something tangible to show for its achievement — there is no way it can do so without following the due constitutional process. Enactment of laws is the preserve of the legislatures and Parliament, and these temples of democracy cannot be bypassed. It is bad enough that the AAP Government wants the Bill to be adopted outside the Assembly, at a public gathering. What is worse is that the regime led by Mr Arvind Kejriwal is preparing to bring the Bill without first securing the consent of the Union Government through the lieutenant-Governor. Several legal experts have pointed out that the Delhi Government cannot bring in a Bill which has financial implications for the Centre without the Union Government's clearance. The Delhi lokpal will be at least partly funded by the Centre. Experts have also said that, since there is already a Central Act in place that governs the establishment of the institution of lokpal, Delhi's Jan lokpal Bill will need the Centre's consent. This is also so because Delhi is not a full-fledged State. The country's Solicitor General has warned that Mr Kejriwal's Government would be violating constitutional procedures if it tried to bypass the Centre in this regard. But it appears that sane counsel has not worked, at least so far. Mr Kejriwal and his AAP are bent upon brinkmanship and winning populist points even if means that the Constitution is overlooked in the process. AAP leaders contend that the Delhi Government, being an elected body, has the right to take decisions in the interests of the people. That may be so in many cases, but on the issue of lokpal legislation, as experts say, the rules are different and clearly laid down in law. It appears that the AAP is apprehensive of the Centre rejecting its Bill because, from available reports, it contains provisions that are not just vastly different but also in conflict with the Central law. There is a line of thought that some of the provisions are unduly harsh and impractical too. The AAP leadership's insistence is also because it is zealous about keeping the ownership of the legislation to itself. The brinkmanship allows it to do so because it ruffles the feathers of other political parties and hardens their position.
While Mr Kejriwal believes that time is not on his side and that he must do ‘as much as possible' before having to exit, his style of governance does not give the impression that he is genuinely committed to the task which he volunteered to assume despite his party not having the numbers to form a stable Government. There is not one step he has taken which has impacted people positively. His Government's decision to supply a certain quantity of water free of cost, has, for instance, been more show than substance in terms of delivery on the ground. The Chief Minister's avoidable confrontation with power distribution firms has resulted in a looming crisis where the residents may have to pay the price. Such complicated issues are best tackled with a mix of pragmatism and firmness and not through public spats. Governance cannot be made hostage to anarchy and brazen populism.