After the drubbing the Kejriwal Government has received after the Delhi High Court Judgment, the Aam Aadmi Party is trying to find many “reasons” as a face saver and as is evident from this post on their official page, it is clear that they are even creating “reasons”.
This post by the official party handle has been liked/shared/retweeted by thousands of people. I draw your attention to the words used. Please note:
- Two recent decisions by Central Government that defy logic and rationale
- A green check mark reading “accepted by center” red mark reading “rejected by center”
So what is the truth? Read on to know more.
Sometime back Kejriwal was seen crying all over the social media that “Centre is not allowing smooth functioning of Delhi government”. AAP fans constantly cited Modi returns “Delhi assembly bills” etc etc and followed by many tweets and press conferences. One has to understand small yet important provisions of our laws/Constitution which have been “upheld” by the Delhi High Court just recently.
Firstly Kejriwal led Delhi Govt had to pass five “Bills” to effect the salary Changes. They have been listed and can be accessed Here
You must note that Governance in Delhi is guided by THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991 and section 22 of this Act reads as:
Special provisions as to financial Bills :
(1) A Bill or amendment shall not be introduced into, or moved in the Legislative Assembly except on the recommendation of the Lieutenant, Governor, if such Bill or amendment makes provision for any of the following matters, namely :-
(a)Â Â Â the imposition, abolition, remission, alteration or regulation of any tax ;
(b)Â Â the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Capital;
(c)Â Â Â the appropriation of moneys out of the Consolidated Fund of the Capital;
(d)Â Â the declaring of any expenditure to be expenditure charged on the Consolidated fund of the Capital or the increasing of the amount of any such expenditure;
(e)Â Â Â the receipt of money on account of the consolidated fund of the capital or the custody or issue of such money.
Even a simpleton will understand that any increase in the salaries is an increase in the “expenditure” thereby triggering Sec 22. So any bill having any financial obligation should be passed through the Lieutenant Governor. This is extremely clear and simple. This was again reiterated by Delhi High Court in the recent judgment.
As Kejriwal wilfully avoided getting the clearance, the said bills were returned by the Center requesting the Delhi Assembly to follow the laid down procedure. They were not returned due to the “phenomenal” increase in the salary as is being attempted to be made out. Don”™t you agree laid down procedures must be followed?
Coming to the news item shared by Aam Aadmi Party on Maharashtra Assembly Here one should note that Maharashtra isÂ a “full state”. It needs no “clearance” approval” from the Center to effect salary hikes of its MLAs. The Maharashtra Assembly is fully authorised to decide these matters on its own. So where is the question of “Accepted by Center”
IS there any Comparison between the two? AAP Senior Leaders and their followers keep harping that center returned “14 bills”. You must note that 5 out of these 14 were sent back because of the above reasons. The remaining bills were again sent back as proper procedure was not followed. I will keep that for some other day.
All the links in this artice are from Delhi Government official website (except 1). Are the MLAs not even aware of the laws or wilfully rejecting laid down provisions and procedures? I hope some sense prevails (too much to expect?) in Delhi AAP MLAs, AAP Members and Volunteers. They can fool all the people once, some people all the time, but not all the people all the time.