New Delhi: The Central government’s contention that legislation cannot be introduced in the Delhi assembly without its nod has “serious legal infirmities” and is “ultra vires the constitution”, former attorney general Soli J. Sorabjee said on Saturday.
The Delhi government had sought his opinion whether introducing a bill without the centre’s approval amounts to violating the constitution.
“In my opinion, there are serious legal infirmities in the said rule. Neither Article 239AA nor GNCTD Act empowers or requires the Lt. Governor to make a reference to the central government,” Sorabjee said in his four-page opinion, released to the media Saturday.
“Consequently, the said rule is tantamount to conferring veto powers on the proposed state legislation by the central government upon the mistaken notion that the government of Delhi is a government department working under the control and supervision of the central government,” he added.
