New Delhi: The Lokpal bill in Delhi can be passed even if it is in conflict with any central legislation, and will prevail in the state if it subsequently receives the assent of the president, the Aam Aadmi Party (AAP) said yesterday.
The AAP, in a statement, said it had prepared the Jan Lokpal bill for the national capital in tune with the bill prepared during the anti-corruption movement and seeks to pass it expeditiously.
“It seeks to pass it as soon as possible in a special session of the Delhi Assembly. This is in terms of the manifesto and commitment of the AAP to create 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 tabling, discussion and passage of the bill, the statement added.
“It is being said that the Delhi Lokpal bill needs prior approval of the president and the central government even before the bill is tabled and discussed in the assembly,” the statement said.
Terming the objections as “strange”, the statement refers to Article 255 of the constitution which says that no law passed by any state assembly will be invalid because it did not receive prior approval of the president, if subsequent assent is received.
“It is therefore clear that the Delhi Lokpal bill can be passed even if it is in conflict with any central legislation, and will prevail in Delhi if it subsequently receives the assent of the president,” the statement said.
The statement said the discussion and voting on the bill would “expose” the Congress and the BJP’s partnership in preventing a robust and independent Lokpal from being created, “which may see many of their leaders in jail”.
“It is also noteworthy that such technical objections are being raised on the basis that Delhi is not a full state, when both the BJP and the Congress have been supporting full statehood for Delhi,” it said.
It added that despite the bill for providing full statehood to Delhi was cleared by the union cabinet in August 2003, neither the BJP and nor the Congress have bothered to have it passed.
Meanwhile, former attorney general Soli J Sorabjee said yesterday that the central government’s contention that legislation cannot be introduced in the Delhi assembly without its nod has “serious legal infirmities” and is “ultra vires the Constitution”.
“In my opinion, there are serious legal infirmities in the said rule. Neither Article 239AA nor GNCTD Act empowers or requires the Lieutenant Governor to make a reference to the central government,” Sorabjee said in his four-page opinion, released to the media yesterday.
“Consequently, the said rule is tantamount to conferring veto powers on the proposed state legislation by the central government upon the mistaken notion that the government of Delhi is a government department working under the control and supervision of the central government,” he added.
IANS
