The Aam Aadmi Party’s promise to pass the Jan Lokpal Bill within 15 days of forming a government in Delhi may face some procedural hurdles.
Experts said the new government may have to send the draft of the bill to the Union government for prior concurrence before tabling it on the floor of the house.
“Since the office of the Lokayukta already exists in Delhi, which was set up under an Act, the new government would either want to amend the Act to make it stronger or repeal the law to bring in a new legislation. In both the cases, it will require the approval of the President of India (effectively the ministry of home affairs, which is Delhi’s nodal ministry since it is not a full-fledged state) which in normal course takes a few weeks,” said former Delhi chief secretary Omesh Saigal.
While Parliament has already passed a Lokpal and Lokayuktas Bill, the central government would also like to see that the provisions of the Delhi’s law are not in contravention of the provisions of their legislation or any other law of the state.
In normal circumstances, the draft of the new bill prepared by a department under Delhi government is first sent to law department and finance departments for their views and approval. The two departments may have its views or comments which are included in the bill and gets approved. Once approved, the bill is sent to all the ministers along with a cabinet note on why that new law was important.