The AAP government’s flagship anti-graft bill, Janlokpal, which is set to be tabled in the Delhi Assembly, faces a tough road ahead as it can go into cold storage once again, say constitutional experts.
The AAP government in Delhi has decided to table the Janlokpal bill in the ongoing Winter Session of the Assembly. However, as per the Constitution, the bill is likely to face hurdles without the prior approval from the Centre.
A strong Janlokpal, which was at the forefront of the party’s pre-poll promises, will have to get a green signal from the lieutenant-governor before it is tabled in the Assembly.
“A bill becomes a law only after it gets approval from the lieutenant-governor and thereafter the President. There is no recommendation letter from the L-G for the bill scheduled to be tabled in the Assembly,” former Delhi Speaker S.K. Sharma said, adding, “In the history of the Delhi Assembly, there has been no single instance wherein a bill was not pre-approved from the L-G before being tabled in the Assembly.”
“The Assembly has limited powers. As per the law, a bill should have a letter of recommendation from the L-G. In this scenario, if the government does not follow the norms and procedure, the bill might again go into cold storage,“ Mr Sharma said.
Constitutional expert Subhash Kashyap told this newspaper that if the bill is passed in the Assembly, then the ball will be in the L-G’s court. “If the Janlokpal bill is passed without the prior recommendation of the L-G, the bill would still need approval from the L-G and the President since it has financial implications, like salary and office expenditure of the Lokpal.”
As the bill has been tweaked to make it stronger, the Centre’s approval is now a must before tabling. If the bill is presented without the lieutenant-governor’s nod, it may be termed “unconstitutional”.
Any bill which involves financial repercussions has to be pre-approved since the capital is a Union Territory and it draws its funds from the Centre. As per the procedures, the finance minister of the state will have to give financial details of the bill in the Assembly.
In February 2014, the AAP government had put in its papers within 49 days after it was unable to get the anti-graft bill passed in the Assembly.
