Ready
for a confrontation with the Congress-led UPA government at the Centre, chief
minister Arvind Kejriwal on Thursday threatened the opposition that he will
resign if his government is prevented from introducing the Jan Lokpal Bill in
the assembly on Friday.
Stepping
back from his demand to conclude the four-day special assembly session in
Indira Gandhi Indoor Stadium on Sunday, the chief minister said a session is
unlikely on the holiday and the House may choose to extend the proceedings to
Monday and beyond.
Dismissing
the law ministry's view on the Jan Lokpal Bill, the CM said he will not seek
prior approval from the LG or the Centre on the draft of the Bill. In its
opinion conveyed to LG Najeeb Jung, the ministry has clearly stated that the
Delhi government will require the Centre's prior consent before enacting the
Bill.
"For
me, the Constitution is supreme. I took oath to uphold the Constitution not the
home ministry. I will sacrifice the CM's chair a hundred times for Jan Lokpal
and Swaraj. We are not here to save the government but to uphold the
Constitution," Kejriwal said. He cited provisions of the Constitution that
empower his government to make and pass laws on any subject other than law and
order, land and police.
The
CM said the Centre's role is cited in some cases as financial provisions are
involved but nowhere does the Constitution make it mandatory for the state to
seek prior approval from the Centre. "The Constitution clearly states that
even in cases where the state needs to consult the Centre, it is after the
approval of the assembly. So, if the Constitution has given us the power to
pass a law repugnant to a central law and then go to the Centre, then why can't
we do it?"
Kejriwal
said the Centre is not higher than the state government but a parallel
structure with well-defined powers under the federal system. "The home
ministry's 2002 order by the BJP-led NDA government of the day made it
mandatory for legislations to be first sent to the Centre and then approved by
the assembly. This is unconstitutional. We will go to the Centre after the Jan
Lokpal Bill is passed and seek presidential assent for it."
The
CM pointed out that had he sent the Jan Lokpal Bill to the Centre for approval,
it would have been stalled and sent back with suggestions for many amendments.
"This is a strong law and BJP and Congress would not want it to be passed
as they fear it will put many big fish in jail," he added.
