2. Is the Centre's clearance required before introducing Delhi Jan Lokpal Bill in Assembly? According to the media, the Solicitor General says the bill requires prior clearance from the Central government before introducing it in Delhi assembly.
But no such thing has been written anywhere in the Constitution.
Except on three issues, the Constitution gives full powers to Delhi Assembly to legislate on all other issues.
But if the Delhi assembly passes a law, some sections of which go against the Central law, then such a law after being passed by Delhi assembly would require the President's assent, according to Article 239 aa (3)(c) of the Constitution.
Nowhere is it written in the Constitution that Delhi Assembly has to take the permission of the Centre before introducing bills in assembly.
The Union Home Ministry has issued an order under which Delhi NCT government has been directed that it should take permission from the Central government before introducing any bill in the assembly.
Clearly the Union Home Ministry's order is unconstitutional.
The Constitution decides the powers of delhi Assembly. Can the Union Home Ministry put check on those powers by issuing an order? If one has to take the Centre's permission for passing each law, then what is the necessity of conducting elections in Delhi? This is a direct attack on the autonomy of Delhi people and Delhi assembly.
Like you took the opinion of the Solicitor General, Delhi government also took the opinions of three reputed lawyers and a retired Chief Justice. These four legal experts believe that the Home Ministry order is unconstitutional.
The four are - Justice Mukul Mudgal, Shri P V Kapoor, Shri K N Bhatt and Shri Pinaki Mishra.
After we got their opinions, delhi Cabinet on 03 February, 2014 passed a resolution recommending withdrawal of the Union Home Ministry's order and decided not to follow that directive.
I wanted to meet you today and explain all these, but the Solicitor General's opinion was leaked to the media yesterday itself.
As you know the country is passing through a very bad phase today, with corruption all around and criminalisation of politics.
In such a situation, the Aam Aadmi Party government has appeared a ray of hope for the people of the country.
Aam Aadmi Party government is taking strong steps against the corrupt.
Naturally, all the corrupt powers are joining hands, and trying to defame us by raising petty issues.
I know you are working under pressure from the Congress and Home Ministry. I know in the coming days they will put pressure on you not to allow holding of Delhi Assembly session in Indira Gandhi Stadium.
I know they will pressurize you to see that Delhi Jan Lokpal Bill is not introduced in Delhi Assembly, because they know that if the bill is passed, several of them will go to jail.
I know these people will use your office to carry out selective leaks to defame me and my government.
Now you have to decide whether you can bear these pressures or not. You are a nice human being.
I am younger in age.
I am almost the age of your son.
Yet I want to give you a small advice.
You have taken the vow to be loyal to the Constitution, not the Home Ministry.
Please do not allow the Constitution to die.
With best wishes,
Yours,
Arvind Kejriwal.
