New Delhi: Questioning Delhi government`s decision to investigate the gas price hike done by the Centre, BJP on Wednesday said its "enthusiasm and adventurism" will not set good constitutional precedents.
Leader of the Opposition in Rajya Sabha Arun Jaitley questioned the jurisdiction of the state government to investigate a decision taken by the central government.
"The AAP government must realize that enthusiasm and adventurism may not set the best of constitutional precedents," he said in an article.
He said his comments are not concerned with fairness or otherwise of fixation of prices of natural gas but "aggrieved persons are entitled to raise the issue in Parliament and even seek an investigation directly from the Centre or through a court process. The issue is: can the state government, through its Anti-Corruption Branch, investigate a decision taken by the central government?"
Jaitley said Delhi is a union territory with a state assembly and its legislative and executive jurisdiction is circumscribed by Article 239AA where its powers to regulate public order and police are currently not with its legislative assembly.
He said the executive powers are co-extensive with legislative powers and Delhi government has no police powers.
The BJP leader said that for Vigilance Directorate of Delhi government or the Anti-Corruption Branch to possess unlimited powers of the police within the geographical territory of Delhi would imply that Entry 2 of the state list is made applicable to Delhi, which has been specifically prohibited by Article 239AA of the Constitution.