Law ministry examining Delhi Jan Lokpal Bill

NEW DELHI: The Union Law Ministry is examining the reference made to it by the Home Ministry on the legality of AAP government's decision to introduce the Jan Lokpal Bill in the Delhi assembly on Thursday in the light of various provisions of the Constitution and the GNCTD Act.

Sources said here today that the Law Ministry is also examining whether the Jan Lokpal Bill is repugnant to the Lokpal and Lokayukta Act enacted recently under Article 329 AA of the Constitution.

Article 117(3) of the Constitution states that a Bill which, if enacted and brought into operation, would involve expenditure from the consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.

The Ministry is examining this Article to see whether prior assent of the President is required for the Jan Lokpal Bill.

Sources said the Delhi Lt Governor is well within his rights to seek views of the Home Ministry or the Centre on any bill under Section 44 of the NCT Act and related rules.

While rendering his opinion to Lt Governor Najib Jung recently, Solicitor General Mohan Parasaran is believed to have said that Lokpal and Lokayukta Act, passed last year by Parliament, is in force and a Lokpal Bill in Delhi will be repugnant to the central law. Therefore, it will require the assent of the President.

Parasaran had also insisted that Lt Governor's prior approval is necessary.

The LG had, through a reference made to the Home Ministry, asked the Law Ministry to give a final opinion on the controversial issue.