For the past few weeks, Rajasthan has become the new centre of political crisis. All eyes are now on the Assembly session on August 14, which Governor Kalraj Mishra has convened following four proposals sent by Ashok Gehlot Cabinet. 

The political crisis in Rajasthan began when Deputy CM Sachin Pilot declared open rebellion and claimed that the Ashok Gehlot government in the state is in minority. 

Gehlot became chief minister of Rajasthan in December 2018 after Congress returned to power in the state. In the 200-member Rajasthan Assembly, the Congress has 107 MLAs and the BJP 72. The Congress also has the support of 10 out of 13 Independents, and other party MLAs like Rashtriya Lok Dal (1), which is its ally. The Congress also considers Bhartiya Tribal Party (2) and CPM (2) MLAs as their supporters. Apart from its 72 MLAs, BJP's ally Rashtriya Loktantrik Party (RLP) has three MLAs.

Timeline of the events

• July 12: Deputy CM Sachin Pilot and 12 MLAs reach New Delhi claiming they have support of 30 MLAs and can topple the Ashok Gehlot-led Congress government in Rajasthan. A whip was issued to the MLAs for the State Congress Legislature Party meeting on the same day.

• July 13: Pilot claimed that he has the support of 19 Congress MLAs and 3 Independent MLAs and made clear that he is not going to join the BJP. Pilot reportedly demanded the CM post. 

• July 14: Pilot was removed from the post of deputy chief minister and president of Rajasthan Pradesh Congress Committee. Two state ministers who supported him were also removed from their posts. 

• July 16: State Assembly Speaker C.P. Joshi sent notices to Pilot and 18 MLAs under the anti-defection law after the Congress party’s chief whip’s application for their disqualification. 

• July 17: Pilot and 18 other dissident MLAs challenge the disqualification notice given by the Speaker in Rajasthan High Court. The HC directed the Speaker to defer the disqualification proceedings till July 24.

• July 23: The Supreme Court refused to accept the request of Rajasthan Speaker Joshi to either stay the matter pending before the High Court or transfer it to the apex court.

• July 24: The Rajasthan High Court ordered status quo to be maintained in the disqualification case against Pilot and 18 MLAs.

• July 30: Governor Kalraj Mishra agrees to convene Assembly session on August 14 after rejecting three proposals by the Gehlot Cabinet. 

Speaker’s role

Speaker C.P. Joshi sent notices to Sachin Pilot and 18 other Congress MLAs for anti-party activities when they didn’t attend the legislative party meeting. However, the rebel leader has clearly stated that it’s not a defection and only raising a dissent within the party. 

The rebel camp also challenged the whip to attend the Congress Legislature Party (CLP) meeting saying this constitutional tool can only be used in the case of voting on the floor of the house. 

Gehlot-led Congress faction banks on the Supreme Court interpretation of the phrase, "voluntarily gives up his membership". SC had earlier ruled that formal resignation is not a prerequisite for giving up membership of the party. Actions such as public opposition to a party’s decisions or support to a rival party or participating in rallies of the rivals constitute “giving up membership”. 

Anti-defection law was created to check the random leaving of an lawmaker from a party and joining the rival camp. A legislator can leave the party without facing disqualification provided he or she walks away with two-thirds of all elected members of the party. The law made legislators accountable to the party first, legislature later. 

Ironically, Gehlot’s government has done the same when all six MLAs of Mayawati’s BSP switched over to the Congress after the 2018 poll. Officially, the BSP legislature party merged with the Congress legislature party in Rajasthan. No defection happened, legally.

Hence, both Gehlot camp and Pilot camp have arguments in their favour. The SC has clearly mentioned that a speaker’s decision is open to judicial scrutiny. So a stalemate persists here.

Governor’s role

The deadlock continued as the governor denied to convene the Assembly. Rajasthan state cabinet had decided to convene the assembly and communicated the decision to the governor who is obliged by the Constitution to sign on the dotted line. 

But, it is perhaps the first time in the history of the country that the governor has kept it pending and instead asked for a series of clarifications. This raises questions on a governor’s powers and functions.

Article 174 of the Constitution empowers the governor to summon, prorogue and dissolve the house. These functions are performed on the advice of the council of ministers equivalent to the elected government who carries the executive power. 

Governor being a constitutional head of the state, which in simple terms means that he exercises the executive functions only on the advice of the council of ministers. Once the CoM agrees for a date, the file goes to the Speaker who when agrees with the date forward the same to the governor’s office through the Assembly secretariat. 

Infact, the cabinet is not even bound to state the agenda for the session to the governor. Governor, however, may ask for a 21 days notice to convene the Assembly. To counter that, there have been precedents when the President or the governor has convened the Parliament or Assembly at short notice.

Governor Mishra has explained that a session cannot be called during a pandemic “without any urgency” as that would put the members and staff at the risk of infection. 

Gehlot blames BJP

The Gehlot camp wants the assembly to be convened as soon as possible to bring confidence motion so as to know which way the rebel camp will go. If the Pilot camp votes against, they automatically come under the purview of anti-defection law. Also, the disqualification of the rebels will give the Gehlot government a comfortable majority till the bypolls are conducted to fill in the vacant seats and the opposition BJP will have to wait and watch.

The Congress has accused the BJP of being behind the conspiracy to topple the state government. CM Gehlot claimed that the money offered to the MLAs to switch sides have increased sharply ahead of the session.

The Congress lost power in Karnataka and Madhya Pradesh recently after its MLAs defected to the BJP. 

The political slugfest that is ongoing in Rajasthan on the backdrop of many such instances in the recent past in Karnataka, Maharashtra, Madhya Pradesh, do not augur well to our democracy and the values that our country has stood for. It needs to be observed in the coming days how the things are going to unfold and how our Constituition is going to be upheld.

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