Tabling the Lokpal Bill

Can the Lokpal Bill be introduced in Delhi Legislative Assembly?

Following are the objections to the tabling

1. Section 239 AA 3C

2. Transaction Business Rules (TBR) of 2002 Rule 55(1)

Following are the facts

1. Section 239 AA 3C

If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or , as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void;

                        Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent such law shall prevail in National Capital Territory ;

                       Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.

Source: http://delhiassembly.nic.in/constitution.htm

2. Transaction Business Rules (TBR) of 2002 Rule 55(1)

Official Source not found yet.

“The Lieutenant-Governor shall refer to the Central government every legislative proposal which 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.”

Source: http://www.thehindu.com/todays-paper/centres-consent-needed-for-jan-lokpal/article5683029.ece

How is a bill passed in Vidhan Sabha?

There are 3 stages

1. Introduction

2. Consideration

3. Voting on the bill

What is a money bill?

In the Westminster system, a money bill or supply bill is a bill that solely concerns taxation or government spending, as opposed to changes in public law.

News:

Lokpal bill was defeated at the introduction stage by 42 against and 27 in favour.

The following content is seperate from facts and meant as optional reading.

Questions to consider on the tabling of Lokpal Bill:

Does the Lokpal Bill violate any provision of law made by Parliament (With reference to Section 239 AA 3C)?

How do Transaction Business Rules affect the functioning of Delhi Govt. (TBR 2002 Rule 55 (1))?

Factual Additions or Rectifications ( in case of error) are invited. Provide credible links to support the rectifications.

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