Fate of 14 key bills hangs in balance as L-G refers them to MHA

The fate of 14 of the 15 contentious bills, including Delhi Janlokpal and the ones on the hike of salaries of city legislators, passed by the Delhi Assembly recently is hanging in a balance with lieutenant-governor Najeeb Jung referring them to the Union home ministry with his observations as the AAP government had tabled them in the House without seeking prior approval as required under law.

A source told this newspaper that prior approval of Raj Nivas was mandatory before tabling these bills in the Assembly as some of these either has financial implications and others were in conflict with the Central rules. The law does not give powers to the chief minister, his council of ministers and the state Assembly to directly pass the bills which have either financial implications or are in conflict with any Act of Parliament. The powers for tabling such bills are reportedly vested with the L-G and the Union government.

The source said that the L-G is said to have made observations on the bills that these had been tabled in the House without following the set procedures. He is said to have observed that the bills had been passed by the Assembly in violation of the Transaction of Business Rules governing the National Capital Territory of Delhi and Section 239 AA of the Indian Constitution. On some of the bills, the L-G is said to have observed that these had been tabled in the House without being properly vetted by the law, finance and other concerned departments.

The L-G is said to have made critical remarks on the members of Legislative Assembly of National Capital Territory Of Delhi (Salaries, Allowances, Pension etc.) (Amendment) Bill, the Ministers of National Capital Territory of Delhi (Salaries And Allowances) (Amendment) Bill, the Speaker and Deputy Speaker of The Legislative Assembly of the National Capital Territory of Delhi (Salaries And Allowances)(Amendment) Bill, the Leader of Opposition In The Legislative Assembly of the National Capital Territory of Delhi (Salaries And Allowances)(Amendment) Bill and the Salary and Allowances of the Chief Whip In Legislative Assembly of the National Capital Territory Of Delhi (Amendment) Bill. These bills, related to the salary and allowances of MLAs and ministers, were considered and passed on December 3 after legislators debated on them for about two hours and 30 minutes.

The L-G is also said to have made critical remarks on the AAP government’s anti-corruption body, Delhi Janlokpal Bill, 2015, on which MLAs had debated for four hours and 16 minutes before it was passed on December 4. Except for the Appropriation Bill pertaining to revised budget estimates, all other bills are now in the Centre’s court. Once the Centre clears these bills, then and only then can they be implemented in the city.

Among the bills of 2015 which the L-G has referred to the Centre are the Delhi School (Verification of Accounts and Refund of Excess Fee) Bill, Delhi School Education (Amendment) Bill, (Bill No. 10 of 2015) and the Right of Children to Free and Compulsory Education (Delhi Amendment) Bill. The three bills on education were considered and adopted on December 1. The debate on these bills was held for 4 hours and 8 minutes. Even the Code of Criminal Procedure (Delhi Amendment) Bill, which was passed on November 23 after the House debated on it for 2 hours, has been referred to the Union government.