Author: Ak Srivastava
Arvind Kejriwal has proved his point that time and again that he is a rabid 
anarchist. For Kejriwal nothing matters to him except his own whim and fancy. The Constitution, the laws and the norms of the politics and society hardly matters to him.
Kejriwal who is the produce of street agitation remains an agitationist and have not learnt even G of governance. Janlokpal Bill became heart and soul of Kejriwal since the days of Anna`s agitation in Delhi. It touched a new high. I was also one of the votaries of Lokpal Act to minimize the corruption but society needs more than the Act.
When Kejriwal became the CM of Delhi, he vowed many a times that he will get the Janlokpal Bill passed in Delhi Assembly. He in fact wanted to hold an open sessions in Ramlila Ground to pass the Act.
Delhi is not a full fledged State finding place in First Schedule to the Constitution. Under the persistent demand raised, Central Government conceded the demand and gave an assembly to Delhi but it remained an Union Territory governed by the Central Government. It may known that despite being a state it does not have an Advocate General and a full Governor which is available to a full State. Only Parliament have the power to make laws for the UT’s but a concession was given to Delhi to make laws Under Article 239AA of the Constitution.
An Act was passed by the Parliament Called Government of National Capital Territory of Delhi Act, 1991 which provided certain powers and restrictions.
Sec.22 of the Act lays down:-
22.Special provisions as to finance Bills.-(1) A Bill or amendment shall not be introduced into or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor, if such Bill or amendment makes provision for any of the following matters,namely:-
- (a) the imposition, abolition, remission, alteration or regulation of any tax;
- (b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Capital;
- (c) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Capital or the increasing of the amount of any such expenditure;
- (e) the receipt of money on account of the Consolidated Fund of the Capital or the Public Account of the Capital or the custody or issue of such money or the audit of the accounts of the Capital;
Provided that no recommendation shall be required under this subsection for the moving of an amendment making provision for the reduction or abolition of any tax.
A reading of the S22 makes it clear that since creation of an institution of Lokpal required financial sanction, the Delhi Government was under obligation to seek prior approval of the LG.
There is a Transaction of Business Rules which provides that no Money Bill shall be introduced in Delhi Assembly without the approval of LG as representative of President of India.
Arvind Kejriwal made the Janlokpal Bill and got it approved by his Cabinet. He should have sent to LG the Bill for his approval but he insisted that approval by the LG is not mandatory.The LG sought legal opinion from Solicitor General Sri Mohan Parasaran who gave opinion that The Act cannot be introduced in Delhi Assembly without the approval of LG. Arvind Kejriwal also sought opinion from a few Senior Advocates. Sri K.N Bhat, Sr.Advocate gave opinion that Transaction of Business Rules are unconstitutional but maintained that the provision should be challenged to get a declaration from the appropriate Court. Sri Solo Sorabjee, former Attorney General maintained that Delhi does not any approval from LG or Central Govt.
The CM recommended to the LG for convening special session for the assembly to pass the Janlokpal Bill but did not send the copy of the Bill. The LG again consulted the Law Department which said that Janlokpal Bill is a Money Bill as it requires huge finance to raise the institution of Lokpal in Delhi and therefore needs prior approval.
LG finding that the Bill was not sent to him by the Delhi Government for his approval, sent a message to the Speaker that he cannot allow the Bill to be introduced in Assembly as he did not have the chance to see the Bill. The Speaker avoided to read out the message in the assembly but on persistent demand by BJP and CONGRESS had to read it out. The opposition wanted the message to be adopted by the assembly but in a huff Kejriwal sought the permission of the Speaker to introduce the bill. Without any discussion on introduction of the Bill, Speaker gave him permission to introduce the Bill in blatant violation of message of LG. The AAP government became a law unto itself.The House was adjourned for 20 Minutes. The AAP maintained that the Bill was introduced.
However, when the House reassembled there was hue and cry raised by BJP and Congress combine which forced the Speaker to put it to vote and the House by 42 votes ruled that the Bill is not introduced. This was bound to happen only in that direction as BJP and Congress always held the view that that the Bill cannot be introduced without prior approval.
Arvind Kejriwal has proved time and again that either it is My-way or Highway. Society does not run on the whim and caprice of a single individual. AAP has proved that there is more than High Command culture prevailing in this party. It has become hoax and people have to be careful in future to vote for Kejriwal & Co.
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Kejriwal was an experiment. Seems to have failed badly!
Very true, no one is above the law. There are rules and procedures laid down in the constitution which needs to be followed at all times. Kejri know the rules as well as the laws of the land but still acting funny. He is a big nautanki baaz. In the current situation of installing a effective Lokayukta, all he need is to take requisite permissions in order to invoke Janlokpal. BTW in assembly he was unable to introduce Lokayukta Bill, as he promised he should resign. Kejri and AAP not a healthy transition by any means. Sooner they get wiped out the better. Change is always welcome but not like AAP stuff.
यह भविष्य की घंटी है, अभी समझे तो ठीक वर्ना बहुत देर हो जायेगी
Sometimes anarchists and eccentrics are also needed to put things back on track… Our politics had gone too far astray with all the normal, experienced politicians…. Let the change come. If Kejriwal is not good enough, he will go – that’s simple natural law.
In this way you are right. If laws are bad, let them go & politicians are bad, they should go
We are governed by the Rule of Law.No society can remain civil society if laws are not followed.Whims have no place.Nobody should over reach tje law.