Kejriwal’s Lokpal Battle: On Principle Or Premeditated?

By M H Ahssan | INNLIVE

AAP’s Jan lokpal bill finds itself in the middle of a massive constitutional controversy, with Delhi CM Arvind Kejriwal threatening to resign if the bill is not passed on 16 February. What is notable is that the Kejriwal government had already set up this confrontation from the very moment the bill passed the Delhi cabinet. 

Kejriwal at the time of announcement of the bill already struck a preemptive defiant note, declaring that he would not seek the recommendation of the LG before introducing the bill in the Legislative assembly, which is a departure from practice.
Kejriwal then seized the Lieutenant Governor of Delhi Najeeb Jung's decision to seek the solicitor-general opinion on the constitutionality of the bill to escalate the battle. According to the solicitor-general Mohan Parasaran, the bill would require prior approval of the LG as the Lokpal and Lokayukta Act, passed last year by Parliament, is in force and a Lokpal Bill in Delhi will be repugnant to the central law. 

The CM's scathing letter to Jung soon followed, and now we have the threat to resign. “Whether or not this political posturing backfires in the elections remains to be seen. However they are trying to show themselves as a different kind of third alternative, which is issue-based and not based on region, language or caste. With something like they want to be seen as a party that is not ready to compromise on principles. 

People voted for us on this agenda and we will fulfil that, is their message,” says, Manisha Priyam, political analyst and an ICSSR fellow. But there’s also a growing view that AAP is perhaps not ready to explore the legal route. “As a party in power in Delhi, they don’t seem keen at all in approaching the legal institutional routes. Some of the rules are unfair, but why not even try to negotiate or press for a change in the rules,” points out Priyam. 

“On one hand they want to adopt legal institutionalism via the creation of Jan Lokpal and yet they are not ready to approach the legal route and challenge the rule that an elected government can’t bring a bill to the assembly,” she adds. AAP had defended its rights saying that LG’s recommendation is not needed for bills in the first place. “Nowhere in the Constitution or in the Government of Delhi NCT Act 1991 is it written that you can’t table the bill without the LG’s recommendation. 

If the bill gets passed, the LG can give his assent or else he can withhold assent and give it to the President of India for his assent,”says Rahul Mehra, member of AAP’s team that helped draft the Jan Lokpal bill. “Section 55 of the TBR is also ultra-vires of constitution. Why should a bill be presented to the Central government for clearance? Then the government of Delhi is reduced to being a puppet. What is the point of having an elected government in Delhi?,” he asks. Section 55 of the Transaction of Business Rules states the conditions under which the LG can recommend a bill to the central government for approval. 

These were passed under an order of the Home Ministry in 2002. But when asked if the AAP plans to legally challenge any of these acts, Mehra was cautious. “We’ll have to wait and see on that. It’s really up to the Kejriwal government to decide,” he said. Despite its defence that the LG’s consent is not required in the first place, AAP is already starting to face some tough questions on the political escalation — and its underlying motive. 

Kejriwal today was forced to defend himself saying he was not trying to get his government toppled. "I am not trying to be toppled, that impression is wrong. I am doing my work. We are working day and night and working very hard," he told PTI today in response to questions that he was doing this to appear as a martyr. From a political point of view, however, the clash over Janlokpal bill could well be a boost for the party, says experts. 

“This is a very clever political move. This is not like the dharna. If they manage to pass the bill, they can take the credit for it. If they fail, the blame goes on the Congress. In fact, I would say the Congress is in a difficult position here, not the AAP,” says Sanjay Kumar, Professor at Centre of Study of Developing Societies. According to Kumar though, it would be unfair to say that AAP doesn’t want to explore the legal route. “The TBR 2002 is a order from the Ministry of Home Affairs. 

The Home Ministry can have it removed. It is not a part of the constitution. Technically only those bills have to be notified which come under contradiction with those from the central government. It would be wrong to say that the Delhi Legislative Assembly has no powers at all to pass bills,” he says. But political brownie points aside, the fight with the LG has reinforced the impression among some observers that the AAP government may be too inflexible. 

“Granted their principle is right. But where is this posturing going to leave those poor, disadvantaged who have voted for them? Negotiation doesn’t seem to be a skill in Kejriwal’s armour. It gives the impression that my style is confrontation,” says Priyam. The Delhi government intends to table the bill in the Assembly on 13 February and wants the bill to be passed on 16 February at Indira Gandhi Indoor Stadium. 

Even if the AAP government does manage to score a big win the Lokpal bill, questions on how long will Kejriwal’s confrontational style of governance continue to work are likely to remain.