New Delhi: Lt Governor Najeeb Jang today sought Union Law Ministry’s opinion on the constitutional position whether it was necessary for the Delhi government to obtain prior approval from the Centre before tabling the Jan Lokpal Bill in the Assembly.
In a statement, the Lt Governor’s office said to avoid any dispute in the matter and to obtain full clarity, Jung has referred the issue to the Law Ministry for a “final opinion”. Chief Minister Arvind Kejriwal has been maintaining that there is no need to obtain prior approval from the Centre while BJP and Congress are of the view that clearance was necessary under Transaction of Business Rules (TBR), 2002.
The LG’s office said despite the predominant view that there is a need to send the proposed bill for prior consent to the Union Government through the LG, the Chief Minister feels that there are opinions to the contrary and that he has obtained the legal view on the issue.
“It is very important to combat corruption and, therefore, the Lt Governor shares the same values as the Chief Minister to avoid corruption at all levels. The question is the need to follow procedures as mandated under the Constitution of India,” the LG’s office said.
Officials said Jung had replied to Kejriwal’s letter to him on Friday, explaining that the question addressed to Solicitor General Mohan Parasaran was not on the content of the Jan Lokpal Bill but on the constitutional validity on the issue of its introduction.
In the strongly-worded letter, Kejriwal had asked Jung not to protect the interest of Congress and the Home Ministry, saying they were keen on stalling the Jan Lokpal Bill.
In his reply to Kejriwal, Jung said the Solicitor General’s opinion was sought as the Chief Minister in his letter on January 31 had indicated his government’s intention to introduce the bill in the Assembly and to have a discussion on it during a Special Session at Indira Gandhi Stadium.
The Lt Governor also highlighted that as per Rule 34 of the Transaction of Business of the Government of NCT of Delhi Rules, 1993, any such draft bill should have been sent to the Lt Governor ahead of placing it before the Council of Ministers and this was not done.