A change in stance was palpable within the AAP on Wednesday over the “passage of the Jan lokpal Bill in Delhi within two weeks of government formation”. It was a major poll plank of the party.
Delhi CM-designate Arvind Kejriwal admitted that the Constitutional provisions might delay the enactment of the Jan lokpal Bill but he will try to pass it in a fortnight.
On another promise — calling first session of Assembly at Ramlila Maidan — the AAP may find itself on a sticky wicket. Experts said there has been no precedence to conduct the meeting of a legislative body at a public place anywhere in the country. They cited the conventions, rules and the Supreme Court judgements to assert that conducting the House meeting at a public venue would be the breach of Assembly’s power, privilege and immunities. Constitutional expert SK Sharma termed the AAP decision to hold Assembly Session at Ramlila Maidan as ‘foolish’ and said the ruling party cannot decide everything on its own without proper understanding of the laid norms and procedure.
On Jan lokpal Bill, constitutional experts trashed Kejriwal’s claims saying it was practically impossible to pass the Bill in Delhi without it getting vetted by the Centre. In all likelihood, the Aam Aadmi Party would require at least six months to deliver on its promises.
“The Transaction of Business Rules requires the State (Delhi) Government, while introducing any law, to take permission from the Centre. The lieutenant Governor of Delhi, in all likelihood, will refer the proposal to the Centre where the Bill will be vetted by the Ministry of Home Affairs and the Union law Ministry. It is a long procedure and may not be completed in a fortnight,” said SK Sharma, former Director of lok Sabha Secretariat and the Secretary of Delhi Assembly.
However, reiterating his promise to bring Jan lokpal Bill in 15 days, Kejriwal termed the rule as ‘wrong’ which makes it mandatory for a State to seek the Centre’s nod to pass a law.
He went on to compare the existing rule to those prevailing in the British era and said his government would make all bids to overcome the hurdle. “The Constitution says the Delhi Assembly can formulate laws except on some issues mentioned in the state list. The State cannot make any law in violation of the Centre's law. This (rule) is wrong. It used to happen under British rule where Indian government used to take permission from london,” Kejriwal said.
Experts also raised doubts on maintainability of AAP's version of Jan lokpal Bill as Parliament has already passed the lokpal Bill and any Central legislation is also applicable on the States, including Delhi. “As Parliament has already passed the lokpal Bill, it has to be seen that the proposed version of the Jan lokpal Bill in Delhi does not hit the Central laws or any other law that has already been enacted,” Sharma said, adding the new government in Delhi would also be required to repeal the existing lokayukta Act of 1995 before implementing the Jan lokpal Bill in the national Capital.
In another departure from his earlier stand, Kejriwal said he would personally invite Anna Hazare, who had led the anti-corruption stir at Ramlila Maidan in 2011. Besides, Kejriwal's former aides Kiran Bedi and Justice Santosh Hegde would also be invited for the swearing-in ceremony. Earlier, the AAP had made it clear that no VIP or dignitary would be invited to the ceremony or any special treatment would be accorded to them.