Central law does not prevent Delhi Lokpal bill: AAP
New Delhi: The Lokpal Bill in Delhi can be passed even though it conflicts with central legislation, and will prevail in the state if it subsequently receives the President’s assent, the Aam Party said yesterday Aadmi (AAP).
The AAP, in a statement, said it had prepared the Jan Lokpal Bill for the National Capital in line with the bill prepared during the anti-corruption movement and is seeking to pass it quickly.
“He seeks to pass it as soon as possible at a special session of the Assembly in Delhi. This is in terms of the AAP’s manifesto and commitment to creating a strong, independent, transparent and accountable Lokpal” , the AAP said in a statement.
There is a concerted attempt by the Congress and the Bharatiya Janata Party (BJP) to prevent the bill from being tabled, discussed and passed, the statement added.
“The Delhi Lokpal Bill is said to require the prior approval of the President and the Central Government even before the Bill is tabled and discussed in the assembly,” the statement read.
Calling the objections ‘strange’, the statement refers to section 255 of the constitution which states that no law passed by a state assembly shall be invalid because it has not received prior approval. of the President, if subsequent approval is received.
“It is therefore clear that the Delhi Lokpal Bill can be passed even though it conflicts with central legislation, and will prevail in Delhi if it subsequently receives the President’s assent,” the statement said.
The statement said discussion and voting on the bill would “expose” the partnership of Congress and the BJP in preventing the creation of a robust and independent Lokpal, “which could see many of its leaders in jail.”
“It should also be noted that such technical objections are raised on the grounds that Delhi is not a full state, while BJP and Congress both support full statehood for Delhi,” did he declare.
He added that although the bill to provide full statehood to Delhi was approved by the union’s cabinet in August 2003, neither the BJP nor the Congress bothered to push it through.
Meanwhile, former Attorney General Soli J Sorabjee said yesterday that the central government’s assertion that legislation cannot be presented to the Delhi assembly without its approval has ‘serious legal flaws’ and is ‘ultra deviate from the Constitution”.
“In my view, there are serious legal infirmities in said rule. Neither Section 239AA nor the GNCTD Act authorizes or requires the Lieutenant Governor to refer to central government,” Sorabjee said in his four-page notice, released yesterday.
“Therefore, the said rule amounts to conferring veto powers over state legislation proposed by the central government on the mistaken notion that the Delhi government is a government department working under the control and supervision of the central government,” he added.