Arvind Kejriwal claims vs what the law says

Feb 08 2014, 18:03 IST
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SummaryArvind Kejriwal's Claim: Constitution doesn’t say Jan Lokpal Bill needs Centre’s nod before being tabled in Assembly

Arvind Kejriwal's Claim: Constitution doesn’t say Jan Lokpal Bill needs Centre’s nod before being tabled in Assembly.

Fact: Section 22 of Govt of NCT Act that supplements provisions of Constitution on Delhi Assembly says if law is financed by Consolidated Fund of the Capital, it shall not be introduced in Assembly without recommendation of L-G.

Arvind Kejriwal's claim: Barring three issues, Delhi govt has full authority to make laws.

Fact: 3 issues mentioned by Kejriwal include public order, police and land. Jan Lokpal Bill covers Delhi Police and DDA.

Arvind Kejriwal's claim: Only when Bill passed by Assembly is in conflict with Central legislation, it needs President’s approval.

Fact: SG suggests parts of Jan Lokpal would be overlapping with Delhi Lokayukta, created by Parliament. Presidential assent required to avoid any repugnancy.

Arvind Kejriwal's claim: MHA directive that Bills have to be approved by Centre before tabling in Assembly unconstitutional.

Fact: SG has not declared Bill unconstitutional. Tabling it in Assembly without presenting it to L-G appears to be non-compliance of constitutional and statutory mandate laid down in GNCT Act, 1991.

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