Unable to introduce priority legislation in Delhi Assembly
Thwarted from introducing the Delhi Jan Lokpal Bill, Delhi
Chief Minister Arvind Kejriwal resigned on Friday, 48 days after he assumed
power, and recommended the dissolution of the State Assembly.
In a letter sent to President Pranab Mukherjee through Lieutenant
Governor Najeeb Jung, Mr. Kejriwal recommended the “immediate conduct” of
elections.
The resignation came hours after his government could not
introduce the Bill in the Delhi Assembly as 42 MLAs — 32 of the BJP, eight of
the Congress and one of the Janata Dal (United) and an Independent — opposed it
in the 70-member Assembly.
While announcing his resignation to cheering supporters at
his party office, where he went from the Assembly, with his trademark muffler
around his head, Mr. Kejriwal attacked the Congress and the BJP for stalling
the anti-corruption legislation and linked it with his government’s decision to
register an FIR against Reliance Industries head Mukesh Ambani.
“When we tried to pass the Delhi Jan Lokpal, the Congress and
the BJP ganged up to stall it. Why did this happen? Because three days back, we
registered an FIR against Mukesh Ambani who runs this country. For last 10
years, he was backing the UPA government, but for the last one year, he is
behind Narendra Modi. From where does Mr. Modi get so much money?” he asked
alleging a “nexus” among the Congress, the BJP and Mr. Ambani.
“People from the Congress and the BJP know if this law is
brought in, their leaders will end up in jail. They realised that after we
booked Mukesh Ambani and Union Minister Veerappa Moily, if we pass the Jan
Lokpal Bill then other senior leaders like Sharad Pawar and Kamal Nath may be
next in line,” he said.
Before facing defeat on the introduction of the Bill in the
afternoon, the Assembly was repeatedly disrupted in the morning as the Congress
and the BJP demanded that Speaker M.S. Dhir read out a written “message” from
the Lieutenant Governor over the constitutional status of the Bill. The Bill
was listed as the last item, but it ended up dominating the Assembly
proceedings.
Finally, Mr. Dhir read out the message and allowed the Chief
Minister to table the Bill and directed a discussion on it. This led to chaos
and the House had to be adjourned and the Speaker called an all-party meeting.
When the Assembly reconvened, the Speaker decided to get a
sense of the House whether the Bill could be introduced, where the motion was
defeated. Apart from 27 MLAs of AAP, its rebel MLA, Vinod Kumar Binny, voted in
its favour.
Reacting to Mr. Kejriwal’s resignation, Delhi Congress chief
Arvinder Singh said: “We did not withdraw our support. Had that been the case,
we would not have supported the Appropriation Bill that was taken for voting
after the Lokpal Bill.”
BJP leader Harsh Vardhan appeared surprised, saying he did
not believe that Mr. Kejriwal would actually carry out his threat to resign.
FEATURES OF DELHI JAN
LOKPAL BILL
1. Provides for establishment of Lokpal to investigate
offences under the Prevention of Corruption Act, 1988.
2. Provides for expeditious investigation and prosecution of
offenders to deal with “corruption, public grievances and non-delivery of
services.”
3. The Jan Lokpal shall have “administrative, financial and
functional independence from the government of the National Capital Territory
of Delhi.”
4. “Transparency in administration and probity in public
life” should be the twin responses of an efficient and effective
administration. “Corruption is a key factor in economic underperformance and
the major obstacle to poverty alleviation and development and general
disenchantment in public.”
5. In a departure from the central Lokpal and Lokayuktas Act,
2014, the Bill provides for redress of public grievances and protection to
whistleblowers. The Jan Lokpal shall have jurisdiction over the Chief Minister,
Council of Ministers, Members of Legislative Assembly members of local bodies
and any category of permanent, contractual or non-permanent employees engaged
by the government and members of public authority.
6. Any investigation under the Act shall be conducted by the
Jan Lokpal investigation officer, who shall be a Group-A officer. After
approval of the Jan Lokpal, the Director of Prosecution shall, within 30 days,
file a case before the Special Court.
7. The ombudsman shall have the powers to suo motu initiate
appropriate action on receiving information about corruption. The officers
authorised to investigate an offence under the Act shall have the same powers
as vested in a police officer under the Code of Criminal Procedure, 1973.
8. The Jan Lokpal shall comprise a chairperson and six other
members.
9. The ombudsman will have the powers to recruit investigating
officers. It will be empowered to temporarily attach property and assets
acquired by accused public servants in certain cases as well as recommend
cancellation or modification of licence, lease pacts etc if obtained by corrupt
means.
10. It shall have the powers to issue directions for transfer
or suspension of an accused person under investigation if it is apprehended
that the person may tamper with evidence or influence witnesses.
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