Solicitor General Parasaran says Jan Lokpal Bill unconstitutional

Solicitor General Parasaran says Jan Lokpal Bill unconstitutional

New Delhi, Feb.7 (ANI): The Solicitor General of India, Mohan Parasaran, on Friday said the Jan Lokpal Bill is unconstitutional, and insisted that it should get the approval of the Lieutenant Governor of Delhi, Najeeb Jung.

The Delhi Ggovernment has called for a special assembly session to get the bill passed, as the final draft was approved by the cabinet on February 3.

Questioning the politicisation of the issue, Parasaran urged Lt. Gov. Jung to consider various aspects of the bill, and to act as he saw fit.

"I am not bothered about politics. We have only given our opinion based on the constitutional position. Therefore, it is for the governor to consider that and possibly act as he thinks fit," said Parasaran.

India is ranked 87th of 178 countries in Transparency International's 2010 corruption perceptions index. Graft has long been a part of daily life, but the recent scandals - which include violations in granting telecoms licences that cost the country $39 billion in lost revenue - are unprecedented.

However, Delhi State Chief, Arvind Kejriwal said he will write a letter to Lt. Gov. Jung on the issue.

"I am writing a letter to the lieutenant governor, and I will give you a copy," said Kejriwal.

The Aam Aadmi Party, which emerged from an anti-corruption movement, trounced the ruling Congress party in Delhi in recently concluded assembly polls. But Bharatiya Janata Party (BJP) emerged as the single largest party with 32 members.

However, the BJP refused to form the government as it lacked majority.

Bharatiya Janata Party (BJP) leader Vijay Kumar Malhotra said: "If they follow the constitution, then how does it matter,they should work according to its principles. It will take two more days. They should take the lieutenant governor's and federal government's permission, which is the rule.But they do not follow any rules and spread anarchy. This party is a very anarchist party."

Though Congress could manage only eight seats, they agreed to give support to AAP to form government that got 28 seats in 70-member Delhi legislature.

AAP chief, Arvind Kejriwal, was sworn-in as Delhi Chief Minister on December 28, 2013.

Aam Aadmi Party is widening its grip across the country with its ambition to contest general elections from maximum number of states and in as many seats as possible. (ANI)

I have sent the following letter to the Solicitor General of India, with reference to the above.

Mr. Mohan Pasaran,

Solicitor General of India,

New Delhi

Dear sir,

I was born about 8 months after India achieved her Independence and therefore was not witness to the "tryst with destiny" which our first Prime minister talked about.

However, my mother, although uneducated and who did not participate in the struggle for Independence, seems to have have hit the nail on the head when she said "the Biltish" were much better than this government. I would smile and wonder at how naive she was?

That was in the year 1966.

I had just entered college.

Indira Gandhi had just taken charge after the passing away of Lal Bahadur Shastri. Corruption had just set in.

I just wonder, what my mother would have said if she saw the India of today.

I note from the opinion expressed by you on the above subject matter that you consider the bill which AAP is proposing to have passed as unconstitutional. Being a legal luminary, I respect your judgement.

However, I would request you to inform me whether you consider the following constitutional.

1. About 40 to 50 % of the MPs and MLAs in parliament and the different state legislators have criminal records and some having serious charges of kidnapping, rape, dacoity and murder. What have you done to eradicate these constitutional diseases?

2. When the Supreme Court and public opinion advises that such criminals should be disqualified the government tries to prevent disqualification by bringing in an ordinance.

3. Your governments are disobeying the Supreme Court who has advised Police Reforms so that the nexus between the police, politicians and criminals are broken.

4. Lakhs of crores have been looted by corrupt people in power.

Now, here is a government which with the support of the people is trying to bring some honesty in the working of the government but you people who have your own agenda want to continue with the status quo are putting all types of hurdles.

Former additional solicitor general Bishwajit Bhattacharyya is of the opinion that there is no violation of the Indian Constitution if the Delhi government via the state Assembly seeks to make the Jan Lokpal law. "The Delhi Assembly has the power to legislate criminal laws through the concurrent list. At present an entire shadow-boxing is going on. No one has even seen the Delhi bill," Bhattacharyya said.

Eminent lawyer and former Attorney General Soli Sorabjee backed the Delhi government's stand that there was no need to take the prior consent of the Centre before introduction of its Jan Lokpal Billin the assembly, which it plans to do next week.

In his opinion given to the Delhi government he said that there are "serious legal infirmities" in the Transaction Business Rules (TBR) of 2002 which requires approval by central government before passage of certain types of bills.

The Delhi government had asked him whether Rule 55(1) of TBR violates the Constitution and does the central government have the power to make that rule under section 44 of the government of NCT of Delhi Act.

In his opinion there are serious legal infirmities in the said Rule. Neither Article 239AA nor GNCTD Act empowers or requires the LG to make a reference to the central government.

In view of the above, I am of the view that your opinion has been coloured by those of your masters, the Congress Party, who would not like to be exposed in front of the people of opposing a genuine Lokpal bill which was even stronger than the Jokepal Bill which they with the BJP had passed.

I do not blame the Lieutenant Governor, for these posts, like that of the President of India are just rubber stamps, to just sign along the dotted line what the cabinet tells them to sign. But as Solicitor General, I expected you to be more responsible.

So, I believe that our Prime Minister in his first speech on the midnight of 15th August, 1947 should have used the words, "tryst with corruption" instead of "tryst with destiny"

Yours sincerely,

Radheshyam Sharma

188, Bangur Avenue.

Block-B,

Kolkata - 700055