JOIN USDelhi’s Lokayukta Justice Reva Khetrapal on Monday received a shot in the arm with the Janlokpal Bill introduced in the Assembly on Monday, strengthening her chances of becoming the first Janlokpal of the city.
The Delhi Janlokpal Bill, 2015 proposes that on the date of its coming into force the existing Lokayukta shall be deemed to have been appointed as the chairman of the Janlokpal under this Act.
If the bill comes into force, despite the reservations of constitutional experts due to legal infirmities in its provisions and presentation procedure, Justice Khetrapal would be the first Janlokpal of Delhi.
The Lokayukta has a five-year term and if the AAP government manages to get the Janlokpal Bill enacted in its four-and-a-half years tenure. Appointed in October, Justice Khetrapal is sure to remain in the forefront of checking corruption among public servants in the next few years.
The bill tabled by Deputy CM Manish Sisodia has clearly laid down the provisions for the transitional phase – between the tabling of the bill and its enactment as a law.
“Any person who has been appointed as Lokayukta before the coming into force of the Delhi Janlokpal Act, 2015, and who had been functioning as the Lokayukta on the date of the coming into force of the Delhi Janlokpal Act, 2015, shall be deemed to have been appointed as the Chairman of the Janlokpal under the Act,” said the Bill tabled by Sisodia.
The government is confident the bill will become an Act but constitutional experts have warned that Janlokpal will never become a reality under the existing constitutional provisions.
Former Delhi Assembly Secretary S K Sharma said: “Not seeking approval of Lieutenant Governor Najeeb Jung before tabling the bill in the Assembly will prevent it from becoming a law when the matter reaches President Pranab Mukherjee. Passing a bill in the Assembly is not the end of the procedure,” he said.
Experts said some of the thorny issues in the tabled bill include a bid to insulate all Janlokpal decisions from judicial scrutiny as this may not be acceptable in a democracy.
The bill’s Section 25 says “No proceedings, decision, order or any report of the Janlokpal, as the case may be including any recommendation made there under, shall be liable to be challenged, reviewed, quashed, modified or called in question in any manner whatsoever in any court or tribunal”.
Justice Khetrapal, a retired Delhi High Court judge, was appointed in October at a meeting in Raj Niwas attended by Lieutenant Governor Najeeb Jung, Chief Justice G Rohini, Chief Minister Arvind Kejriwal and BJP’s Leader of Opposition in Assembly Vijender Gupta.
The appointment of the Lokayukta in a way fulfilled Kejriwal’s promise to put in place in the city strong institutions to fight corruption. While the AAP government was working on the Janlokpal Bill, the Chief Minister showed his full commitment to fight corruption by appointing Justice Khetrapal under the existing Delhi Lokayukta and Uplokayukta Act, 1995.
Perhaps, the Lokayukta was appointed with the aim of having a trouble-free transition when the Janlokpal Bill gets enacted. The last Lokayukta, Justice (Retd) Manmohan Sarin, had relinquished office in November 2013, following a five-year term.