AUP- Aam Unconstitutional Party

Delhi government's 49 days CIRCUS ended at last. As Arun jaitley described, the nightmare is ended. Too many legal complications on the introduction of so called “Jan lokpal bill”. Let us discuss on some of them.
    First of all, it is termed as jan lokpal bill just to deceive people of delhi. It should be “The Delhi Lokayuktha(Amendment) bill. But it is not a big issue, anyone can term their bills in whatever manner they call until it gets the assent of president.

Then comes the main part. Can they table it in assembly without consent of Lt.Governor? The answer is NO. Delhi is governed by The Government of National Capital Territory of Delhi Act, 1991. The section 44 of it says:

The President shall make rules :

   1.For the allocation of business to the Ministers in so far as it is business with respect to which the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers; and

   2.For the more convenient transaction of business with the ministers, including the procedure to be adopted in the case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister.

    And president did make rules. AAP guys says it’s home ministry rules. Is it so? When the opening lines of it says: In exercise of the powers conferred by section 44 of the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992) the President hereby makes the following rules. 
    And the bone of contention 55(1)-c of those rules says:

The Lieutenant Governor shall refer to the Central Government every legislative proposal, which
    (c): relates to any matter which may ultimately necessitate additional financial assistance from the Central Government through substantive expenditure from the Consolidated Fund of the Capital or abandonment of revenue or lowering of rate of any tax.
    As the bill does take financial assistance from central government (General assumption as still we didn’t get the copy of draft bill-why can’t AAP upload it for public?), it should be classified as FINANCIAL BILL.

    So Delhi’s AAP Cabinet passed a resolution it seems (no one knows it until hindu’s report on clarification of this drama, because it is outright against law) which says, they feel that rule 55(1) is ultra vires of constitution. They also communicated it to central government and WILL NOT FOLLOW it until it is repealed. Seriously? Since when council of ministers declare which is constitutional? It is always the power of Courts.
    Here is the summary: Arvind kejriwal’s cabinet think some rule is bad, declare it unconstitutional, and follow your own way. Why the hell constitution is present then? 

    Also he proposed to dissolve the assembly, but Lt. Governor kept it in Suspended animation(not dissolved, waiting for other parties to form government within 6 months) and our Kejri ji went on NDTV, CNN-IBN saying, “This decision is completely wrong because any recommendation by an elected government is normally binding on the Lt Governor”.  Mr.Idiot…read article 163 of constitution:
    (1).There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion

    (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion

     Lt.Governor acted on his discretion, He don’t dissolve just because you gained sympathy and win elections again! They got big Supreme Court advocates like Prashant bhushan, somnath barthi(yes the midnight raid and spam guy is advocate of supreme court) etc. Can’t they do this basic research? Though we are not constitutional experts, we know a basic version of it. Before coming to news channels and blabbering aloud, read constitution once again!!