Rajasthan Government Crisis | Governor denies Assembly session unless a 21 day notice is served

Rajasthan Government Crisis | Governor denies Assembly session unless a 21 day notice is served

Former Law Ministers and former Finance minister Chidambaram say that the Governors obstinate behaviour has resulted in an avoidable Constitutional crisis
 
Rajasthan Government Crisis | Governor denies Assembly session unless a 21 day notice is served
Ashok Gehlot calls Governor's negative response to Government request to hold Assembly session a "Love Letter". 

The drama with the Rajasthan political crisis continues with the Speaker withdrawing the plea in Supreme Court against the High Court order on dissident MLAs of the Sachin Pilot camp.

The Governor, Kalraj Mishra, in the meanwhile responded to the (second) request for an Assembly session by the Chief Minister, by permitting the Assembly session to be held only if a 21 day notice is served.

governor response to rajasthan chief minister
Excerpts from the Governors response to Rajasthan government request for Assembly

Former Finance Minister, P Chidambaram in the meanwhile said that the Governor must remember that he has no master other than the Constitution and the law and that the Rajasthan Governor must permit the Assembly session as requested by the Chief Minister, Ashok Gehlot.

The 6 page letter from the Governor in response to the Rajasthan Governments request for Assembly session consisted of three points that the government needed to ensure and submit another request. These points are:
  1. Since the circumstances are unusual, the government needs to provide a 21 day notice before calling an Assembly session. Article 14  of the Indian Constitution was cited to support the necessity of this statement. Fundamental rights of all members convening for the Assembly demanded that each be given equal opportunity. Matters of high social and political importance can be discussed on online platforms as is being done by other institutions such as the High Court and Supreme Court so as to prevent COVID19 infection.
  2. In case the need for a floor test (show of majority) arises, the Speaker shall ensure that it is conducted in the presence of the Chief Secretary, Parliamentary Affairs and is recorded.  The floor test needs to be shown on a live telecast.
  3. Social distancing norms need to be followed.

Chidambaram, in his statement also said that if the executive government wants the legislature to meet, if has the absolute right and authority to call a session and the Governor simply needs to sign the request and issue summons to the MLAs.

Former Law ministers and Congress leaders Ashwani Kumar, Salman Khurshid and Kapil Sibal in one tone said that the established legal position says that Governor is obliged to call an Assembly session in accordance with the advice of the State government. They added that the Governor delaying the Assembly session has resulted in an avoidable constitutional crisis.

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