"Without prior approval of President and the Centre, passing Jan Lokpal Bill in Assembly won't be unconstitutional as BJP and Congress are claiming.
"Under Article 255 of the Constitution, no law passed by any state assembly will be invalid merely because it did not receive prior approval of the President, if it receives subsequent approval of the President," Prashant Bhushan, a senior AAP leader, told reporters here.
Asked why AAP government doesn't want to get approval of the President and Centre before tabling bill in the Assembly, he said: "If government sends Lokpal Bill to Centre, we know that the bill would get stuck there that's why we are first going to table bill in Assembly.
"There is nothing written in Constitution that Delhi government needs to get prior approval. Hence, tabling bill without prior approval of President and Centre in Assembly would not be unconstitutional."
The AAP leader also alleged that BJP and Congress want to somehow prevent the tabling and discussion of the bill in the Assembly.
"Both political parties realise that the discussion and voting on the bill will expose their partnership in preventing a robust and independent Lokpal from being created, which may see many of their leaders in jail.
"BJP and Congress say there are in support of full statehood for Delhi. The bill for providing full statehood to Delhi was cleared by the Union Cabinet in August 2003, but neither Congress nor BJP bothered to have it passed," Bhushan said.
Prashant Bhushan also had three posers for Congress and BJP-"Do Congress and BJP support a strong and independent Jan Lokpal for Delhi, If they do so, why are they raising technical objections to the very tabling and consideration of the Bill in the Delhi Assembly
"Do both parties support full statehood for Delhi If so, why do they not ensure the passage of the bill for the full statehood for Delhi"
On being asked what AAP would do if Congress MLAs do not support Jan Lokpal Bill when it is tabled in Assembly, he said that next course of action would then be decided.
Bhusan also claimed that under Article 239 AA 3 of the Constitution, if such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory.