Rajasthan political crisis | Moves by Governor’s office to delay Assembly session shows who has the numbers: Congress

Senior Congress leader Abhishek Manu Singhvi says the Governor’s office’s reference to pendency of judicial proceedings in the Supreme Court and Rajasthan HC regarding the Speaker’s powers on disqualification of members ‘appears to be absurd’

Objections and queries posed by Rajasthan Governor Kalraj Mishra’s office intended to delay the floor test to prove the majority of Congress government led by Ashok Gehlot in the State Assembly have let the “cat out of the bag” on who really has the numbers, the Congress said at a press conference on Sunday.

The Rajasthan Cabinet, for the second time, on Sunday, advised the Governor’s office to call for an Assembly session. The Governor’s office had raised objections to an earlier request by the State government on Friday.

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Senior Congress leader Abhishek Manu Singhvi said the Governor’s office’s reference to pendency of judicial proceedings in the Supreme Court and Rajasthan High Court regarding the Speaker’s powers on disqualification of members “appears to be absurd, to use words of studied moderation”. He said that whether the Speaker disqualified or did not do so, could not, per se, affect the holding of a session. “Such flimsy, “clutching at straw” contentions underline the true ulterior motives of persons holding high constitutional posts and their so-called advisers,” he added.

The Governor’s office had stated that the Cabinet had not mentioned the agenda for the session. “If the Governor’s office is unaware of the elementary fact that an agenda is sent after the date of the Assembly session is notified, then an extremely sorry state of affairs exists, where ignorance of basic procedures is bliss in causing unconstitutional delay,” Mr. Singhvi added.

The Governor’s office’s claim that at least 21 days notice was necessary to call a session was also untenable. Assembly sessions had been called at a week’s or even five days’ notice, he said.

‘His Master’s Voice’

“Such superficial, clearly motivated, digressive and extraneous queries establish beyond doubt that they are coming from the highest authorities of the Central government and being parroted without change as His Master’s Voice from Raj Bhavan, Jaipur. We all know who that Master is. But it decimates the lustre and dignity of the Governor’s constitutional position,” Mr. Singhvi added.

Also Read | Judicial indiscipline: On Rajasthan political crisis

Quoting from the Constitutional Assembly’s debates, he said that it was proved beyond doubt that the Governor was bound by the advice of the State Cabinet. “The framers repeatedly rejected the possibility of two competing executive authorities in one State — Governor and CM. Clearly, some Central governments and Governors want to revive dyarchies.”

And this fact had been reiterated by several Supreme Court judgments on the subject. “Is the Governor and his diverse advisers who have generated such queries not aware of established jurisprudence, from the Constituent Assembly to diverse SC judgments, that unequivocally establish that the Governor is powerless and without jurisdiction in matters where he is advised by the State Cabinet,” he asked.

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