The home ministry is likely to seek legal opinion on Delhi chief minister Arvind Kejriwal’s letter asking the Centre to rescind the 2002 notification that requires the Lieutenant Governor to seek the Centre’s approval before introducing certain legislations in the Delhi Assembly.
Kejriwal had questioned the Centre’s power to veto legislations before they were debated by Parliament under the 2002 amendment to the Transaction of Business Rules for Delhi, arguing that neither the Constitution nor the law required a prior reference to the Centre.
Government officials said the home ministry would consult experts at the law ministry before formulating a formal response to the letter.
The NDA government had amended the business rules for the Delhi government in 2002 when Sheila Dikshit-led Congress government was in power.
An official said the home ministry would dig out the files to ascertain the context in which the 2002 order was issued.
Soli Sorabjee - who was the Attorney General in the NDA government - has backed the Aam Aadmi Party government, pointing that there were “serious legal infirmities” in this rule.
In his opinion, solicitor general Mohan Parasaran had earlier told the L-G that AAP’s version of the jan lokpal bill would need to be sent to the Centre for prior approval.