Arvind Kejriwal’s Janlokpal Bill to go into cold storage even if passed by Delhi Assembly

NEW DELHI: The fate of Arvind Kejriwal’s showpiece legislation, Janlokpal Bill, is tied to the acceptance of his full statehood demand as he wants powers to probe officials of the Delhi Police as well as Delhi’s various municipal corporations, according to the Union Home Ministry.

MHA is studying the 33-page Delhi Janlokpal Bill, 2014 — introduced in the Delhi assembly by Kejriwal in his last innings as CM before resigning —and at least three glaring contradictions with the Central Lokpal and Lokayuktas Act and NCT Act, 1991, have been flagged, senior ministry officials have told ET.

“Delhi Janlokpal Bill wishes to probe officials working in public authorities like Delhi Police, DDA and all local bodies — the three MCDs and NDMC. This is not possible as these authorities report to the Centre and the situation won’t change unless Delhi gets full statehood,” an MHA official said. Kejriwal has already told ET that he wants to enact the Janlokpal Bill in the first Delhi assembly session.

Delhi’s former Lokayukta Justice (retd) Manmohan Sarin said it was not possible to enact a Janlokpal Bill as envisaged by Kejriwal unless big amendments are made to the NCT Act, 1991. “This would require massive amendments, as land and law & order is a central subject. The Centre may or may not be willing as it wants to hold on to these powers in Delhi.

As the Delhi Lokayukta, we never had any powers over Delhi Police, DDA or NDMC,” Sarin said. An MHA official said all states were expected to set up Lokayuktas on lines of the central Lokpal & Lokayuktas Act, enacted on January 14, 2014. AAP leaders said the Kejriwal government “won’t dilute” the Janlokpal Bill that was tabled in the assembly during its last stint in power.

“We did not have the numbers then and were at the mercy of Congress and BJP. We will build pressure on the Centre to accept our version of the Bill,” an AAP leader said. MHA officials said Kejriwal will have to dilute the Act to even bring it to the assembly. “As per existing 2002 executive rules, any Act needs L-G nod for legal checks before being tabled in the Delhi assembly,” the official said. Kejriwal had introduced the Janlokpal Bill last year without L-G nod, but had failed to get it passed due to AAP’s lack of numbers.

“He may do so again and even get it passed. But it will be fruitless as to become a law, it would need presidential assent for which the Bill will come to MHA where it will be vetted for repugnancy with central laws, deviation from central policy and constitutional validity. It won’t pass muster and its fate could be similar to the Gujarat special antiterror law, GUJCOCA, that was passed by the Gujarat assembly thrice, but never enacted as Centre found it was not in consonance with the central law,” the official said.



MHA has identified two other problems with the Janlokpal Bill. One is the provision for it to even act suo-moto and initiate inquiries in absence of a written complaint — a provision missing in the central Bill that insists on a written complaint by an identified person. Ministry official said one provision missing from the Janlokpal legislation — which is there in the central Bill — is a chance to be offered to the public servant in question to offer an explanation so that the Lokpal can determine whether there exists a prima facie case for probe.