This story is from December 25, 2013

Changes promised by AAP may take long

Aam Aadmi Party's long list of 'ambitious' promises has left many wondering how many of these can be fulfilled at the Delhi government level.
Changes promised by AAP may take long
NEW DELHI: Aam Aadmi Party's long list of 'ambitious' promises has left many wondering how many of these can be fulfilled at the Delhi government level. Experts say the Delhi assembly can make laws for the whole or a part of the city on topics in the state and concurrent lists of the constitution. But as Delhi does not have complete statehood, the government has no say in matters pertaining to land, police and public order (involving deployment of armed forces etc).
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Of the 18 terms that AAP laid down to accept Congress' support, 12-13 can be fulfilled by Delhi government but may require more time than AAP has promised, experts say.
The foremost issue-abolishing privileges of ministers and elected members-is a state subject and can be implemented at the state level. Since the Lokpal Bill has been passed in Parliament, it can also be passed in the Delhi assembly. However, since the bill would require repeal of the existing lokayukta law, the President's assent will be needed for the appointment of a Jan Lokpal.
Experts say the Delhi government can also make CAG audit compulsory for the discoms by bringing in legislation to override the pending court cases. Under Congress, the CAG audit issue remained hanging as the government cited the pending court cases. "However, a new law can always supersede a court ruling," said a senior government officer. The same rule would apply to the decision to set up an independent agency to test the calibration of power meters.
As for not allowing foreign direct investment in retail-a central subject- a state government can always decide not to implement it. BJP-ruled states have decided against its implementation in the past. The Sheila Dikshit government had shown interest in allowing FDI in retail but the decision wasn't implemented, so Kejriwal can easily stick to his promise.
Swaraj, his key project for decentralization of power, is also a state subject and can be made into a law in the Delhi assembly. But experts said this may not be easy. "One needs to check whether it overlaps or contradicts any existing law of self-governance, such as the enactment of municipal corporations," said a senior bureaucrat.

Similarly, free supply of 700 litres of water to each home, setting up 500 new government schools and constructing government hospitals would just need a cabinet nod. But to start new courts and appoint more judges, the Delhi high court's assent would be necessary.
For its other promises, the AAP government will have to depend on the Centre. This includes, full statehood for Delhi, regularization of unauthorized colonies within one year, no demolition of slums and no acquisition of village land. The promise to form a special protection force for women can only be handled at the state level if it does not involve police powers.
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