Rajasthan Political Crisis Explained

Table of Contents

Rajasthan Political Crisis – Brief Outline

2014 – Sachin Pilot was made Rajasthan State Congress chief
2018 – Congress gets a thin majority in Assembly elections
Senior leader Ashok Gehlot is made Chief minister.
Sachin Pilot becomes Deputy CM.
July 2020 – The internal feud breaks out in the open
10 July – Sachin Pilot is served a notice by Rajasthan Police SOG during investigations for MLA Trading.

Rajasthan Congress had issued a whip to party MLAs for a Congress legislative party meet on 13^th July and said strict disciplinary action will be taken against those who do not turn up.
Sachin Pilot and his MLAs did not attend
Rajasthan Speaker has issued notices to Sachin Pilot and 18 other MLAs supporting him, after the party sought their disqualification from the state assembly.
Sachin Pilot camp has gone to court against the Notice.

The Governor has the power to summon the House.
Article 174 of the Constitution gives the Governor the power to summon from time to time “the House or each House of the Legislature of the State to meet at such time and place as he thinks fit.”
CM Ashok Gehlot and his cabinet are now demanding that session of Vidhan sabha be convened and a floor test be conducted.

Article 163. Council of Ministers to aid and advise Governor
There shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion
If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion
Article 163(1) essentially limits any discretionary power of the Governor only to cases where the Constitution expressly specifies that the Governor must act on his own and apply an independent mind.

Rajasthan Governor Kalraj Mishra has not agreed upon (28 July) proposals by the state Cabinet seeking to convene a session of the Assembly on 31 July.
Reason –
Corona (safety)
Enough time (Give 21 days)

Generally the opposition demands a floor test whenever there is a hint of insufficient numbers in ruling party.
On the other hand, the ruling party attempts to stall the process to buy time and keep its flock together.
In Rajasthan’s case, despite requests from chief minister, the Governor has returned requests to call for a session.

2016 – Uttarakhand case, the court has clarified that when the majority of the ruling party is in question, a floor test must be conducted at the earliest available opportunity.
2016 – Arunachal Pradesh case – the power to summon the House is not solely vested in the Governor.
The framers of the Constitution consciously decided not to vest discretion with the Governor, in the matter of summoning and dissolving the House.