AAP Cunning Move to Save Corrupt Congress Leadership

Now the events: 
The draft of Delhi’s Jan LokPal bill approved by the state cabinet on 3^rd Feb, 2014 has come under sharp scrutiny from legal experts because of some of its provisions as noted below.

• Some of its features violate the federal structure of constitution, federal distribution of powers envisaged by Constitution, such as it covers DDA, Delhi Police & All India Service Officers who are not under Delhi Government. As per present rules if the bill is passed by the assembly and becomes a law, the act might run into legal problems due to these provisions.    
• The decision of the Delhi cabinet to give hard policing powers, including search and seizure, to Delhi LokPal has been viewed with suspicion since it challenges the Centre’s hold over Delhi Police. Because even if the Delhi LokPal bill becomes a law, the union law will have an overriding effect in areas where there is duplication of authorities. While the Central Jan LokPal covers the central bureaucracy, including IAS and IPS officers, the Delhi LokPal draft too says the ombudsman will have powers to prosecute Delhi Police and DDA officials, including those from all India service. 
• It is demand of natural justice that any authority should not be subjected to investigation/punishment by two or more authorities.
• This arrangement can’t work since Delhi government and its legislature have no jurisdiction to make laws on central government officials. “The central law will prevail even if Delhi assembly passes the bill. That’s why it is thought to be advisable to get legislative proposals floated by the city’s government first cleared by the Centre. The rules provide for it to avoid future conflict and chaos.”    
• As per rules, when Delhi government’s anti-corruption bureau prosecutes Delhi Development Authority, NDMC and Delhi Police officers for corruption, they were charged under Prevention of Corruption Act, again a union law, which allows local investigating agencies to prosecute.  
• The Central Jan LokPal bill has already become a law which is an institution for the entire country. That bill says states should pass their Lokayukta Act. Delhi already has a Lokayukta. So, Delhi government can only bring a new Lokayukta Act or strengthen the existing one and can’t enact LokPal. 
• Anna too pointed it out this Lokayukta point to Kejriwal several times.
• As per rule, LG’s permission is mandatory before the cabinet gives final approval to the draft and it goes to Vidhan Sabha for discussion and approval. In this case the legal formalities have not been completed so how can the Bill be considered for being approved as a law? AAP has ample time to complete this formality, then why they are avoiding it??
• The AAP government has maintained that neither Article 239A of Constitution nor NCT Act of Delhi 1991 makes it mandatory that a law should be first cleared by the Centre before it can be passed by the state assembly.    

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A retired employee. Keen watcher of social life. Likes to read book & interact with people. Very spiritual but not religious.

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