New Delhi: Amid the controversy over AAP’s Jan Lokpal bill, President Pranab Mukherjee today said the validity of a law, whether that of Union or a State, is tested by judiciary as defined in the Constitution.
“The prime function of Parliament is to enact legislations to empower the people on every front – social, economic and political, to exercise control over Executive and making it accountable in all respects.
“The validity of a law, whether Union or State, is tested by judiciary as defined in the Constitution,” Mukherjee said at a function in Parliament’s Central Hall.
The President’s comments come at a time when the Delhi government is locked in a confrontation with the Centre over the Jan Lokpal Bill.
Chief Minister Arvind Kejriwal has been maintaining that he would table the Jan Lokpal Bill in the Delhi Assembly without taking any permission from the Home Ministry and termed the directive in this regard as “unconstitutional”.
Kejriwal has sought withdrawal of a 12-year-old order that makes it mandatory for all bills to be sent to the Centre before being tabled in the Delhi Assembly.
According to officials, the 2002 order to the Delhi government cannot be rescinded without legal consultations and the Home Ministry may refer the matter to the Law Ministry for its opinion.
Since this order was not passed by the present government, the legal antecedents of the order have to be, therefore, verified before taking any decision on it, the the officials said.
Kejriwal had said the order should be withdrawn as it was against the Constitution.
“That was only an order….which is completely against the Constitution. How can an order by the Home Ministry curtail the law-making powers of the Delhi Assembly? It is a very serious issue….
“I have taken oath of the Constitution and not the Home Ministry’s order. I will uphold the Constitution,” Kejriwal had said.