As AAP Govt ignores Centre’s objection
The obdurate attitude of Chief Minister Arvind Kejriwal and Aam Aadmi Party over established constitutional procedures and norms has embroiled the Delhi Assembly in a constitutional crisis over the controversial Delhi Jan lokpal Bill 2014.
Delhi Assembly Speaker MS Dhir too is in a fix over the introduction of Jan lokpal Bill as it is expected to be tabled in the House on Friday despite the Union law Ministry raising objections saying the process was in violation of the law.
Delhi l-G Najeeb Jung had earlier written to Kejriwal pointing out that the Bill was financial in nature and prior permission from the Centre was mandatory as per transaction of business rules of Delhi Government and Delhi Assembly.
Kejriwal asserted after the House proceedings that the Bill would be tabled in the Assembly on Friday as it is listed at number one in the list of business of the day. If the Government fails to introduce the Bill or the Congress abstains from voting or does not allow tabling of the Bill, Kejriwal may resign on Friday, sources in the AAP said.
In the past, Kejriwal had threatened to quit if the Congress became a stumbling block in his pet project and on Thursday also he reiterated that he would put in his papers if the Bill was not passed.
It is learnt that the l-G had forwarded a copy of the Union law Ministry’s opinion on this issue to Vidhan Sabha. Kejriwal has already rejected the Centre’s view that the Bill cannot be debated by Delhi legislators till it is vetted by the Union Home Ministry under a 2002 law, as the Delhi Jan lokpal would be funded at least in part by the Centre.
Kejriwal’s battle to push his pet proposal, however, is set to become tougher with the main Opposition BJP and Congress, which is extending its support from outside, saying they will not support any unconstitutional move and they want due processes to be followed.
Sources said the AAP Government is determined to table the Bill in the Assembly and even risk criticism that it did not follow due processes. Its strategy is that if it fails to even table the Bill, it will put the blame on the Opposition BJP and the Congress. If the BJP and the Congress object to tabling of the Bill, then AAP will most likely press for voting and if it is voted out, it will be a crisis for the Government. If the parties do not object, the Bill will be tabled.
Senior AAP leader and noted lawyer Prashant Bhushan on Wednesday stated that his party will seek voting on the introduction of the Bill and if both - Congress and BJP - vote against it, then the Government will resign.
Earlier, in a rebuff to Kejriwal, the Union law and Justice Ministry had informed the l-G that the Jan lokpal Bill was a financial Bill and it was “mandatory” for the Government to get his approval before it is introduced in the Assembly.
The Ministry had said that Rules 55 and 56 of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1991 are constitutional. The opinion was sent to the Union Home Ministry by law Secretary PK Malhotra. Jung had written to law Minister Kapil Sibal on Monday, seeking his Ministry’s advice on whether his approval was required before introducing the Bill in the Assembly and also whether Rules 55 and 56 of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1991 are constitutionally valid. The passing of the Jan lokpal Bill was one of the poll promises of Kejriwal and his Government is planning to hold a special open session on February 16.