Is the Rajasthan Government Crisis and is Over - Ashok Gehlot v Sachin Pilot?
From July 10 to August 11 Rajasthan
witnessed a political drama in which the Rajasthan Government was about fall.
July 10 was the date when Sachin Pilot (Deputy Chief Minister of Rajasthan)
declared that he is going to Delhi with his rebel MLAs.
The situation arose due to difficulty in
maintaining a balance of power between the 2 important congress leaders, which
are Ashok Gehlot (Chief Minister) and Sachin Pilot. According to Pilot he says
that adequate power has not been conferred to him by the party and he is not
been listened, in the important decision-making process. The internal feud
breaks out in the open. For the 1.5 years after a long tussle between the two
on July 11 Pilot revolted against the party.
On the 10th of July
Rajasthan police (SOG – Special Operation Group) send a notice to the Pilot and
other MLAs for the interrogation for the MLA trading.
To which revolted and decided to not to go
in Congress legislative meeting along with his 18 supporting MLAs. The party
said if the MLA does not turn up strict action will be taken up against them.
Congress was afraid to lose its prominent
leader and as we saw what happened in the Madhya Pradesh that M.P. Jyotiraditya
Scindia former INC leader who joined the BJP. And therefore, the Congress Party
could not afford to take the situation lightly.
The Congress party in return of refusal of
Pilot to attend the 2 CLP (Congress Legislative Party) meetings, appealed to
the speaker of the legislative assembly for the removal of their 18 MLAs from
the post because they disobeyed party order to attend the CLP meeting.
Case filed in the Supreme Court
The action of the party was challenged by
the Sachin Pilot and his supporters. Where they were provided with relief and
the speaker was told by the court to not to take any action for the time being.
Sachin Removed from His Post
Sachin Pilot when refused to attend 2 CLP
(Congress Legislative Party) meetings in which he was invited by the INC.
Thereafter the party removed him from the 2 important positions, which were: Deputy Chief Minister of Rajasthan and Rajasthan Congress President.
It is said that Pilot went to Manesar, Haryana along with his 18 supporting MLAs. In order to hide them and safeguard from any influence.
Congress decided to sequester its 22 MLAs
INC decided to sequester its 22 MLAs which
had a fear of turning into a rebel in a hotel in Jaipur and applied jammers in
the room so that they cannot contact anybody. The party through this move saved
its MLAs.
To which
ruling party’s MLA protested outside the Raj Bhavan for governor’s
non-compliance with the government request. Even BJP is afraid to call for the
floor test as they even know that they are not in the position to form the
government. Whereas the Gehlot want to call the floor test.
Let’s look at the seat allocation of Rajasthan Legislative
Assembly
|
Party |
No. of Seats won in 2018 |
|
INC |
100 |
|
BJP |
73 |
|
BSP |
6 |
|
Independent |
13 |
|
Others |
8 |
Why Pilot is important for the party?
From 2008 to 2013 Ashok Gehlot was the
Chief Minister of Rajasthan and also the President of Rajasthan Congress. But
the Congress party lost heavily in the 2013 Legislative Assembly General
Election. The INC won only 21 seats out of 200 seats of Rajasthan (lowest ever
for INC). After which Sachin Pilot was made the president of Rajasthan Congress
after which the party revived. In 2018 when the Rajasthan Legislative General
Election happens, INC won 100 seats out of 200 and formed its government and
Ashok Gehlot was made the CM and Pilot were made the deputy CM.
Have the Congress MLAs violated the 10th schedule
of the Constitution?
Pilot fells short of
the strength that was, two-third of the total member, in order to justify a possible
merger of their fraction of MLAs to form a new party or join an existing party (possibly
be it BJP). As per the rule if two-third of the member of the party are in
favour of merger, then no disqualification action be taken against anyone who
left the party and one who stayed. Which means that no body will have to lose their seat of MLA.
If the rebels MLAs had have voted against
the Gehlot in the floor test they would be subjected to disqualification
proceedings, under which if the party would have not fallen, Pilot and his
supporting MLAs would then have to lose their seats of MLA and the house will
have only 182 members and not 200.
This schedule was made for the smooth working of the elected government and that the
elected members of the party do not leave the government and join another party
in return of any consideration. There is no time period specified, under which
the speaker of the house has to take action to disqualify the members. It is
only when the speaker takes the action that the courts have the right to look
into the matter. Hence many a time the disqualification does not take place for
years and in the meanwhile, next elections come. Some experts like MP Abhishek
Singhvi also suggest removing this schedule due to its inability to perform.
Role of Governor
The governor has the power to summon the
house. Under article 174 of the Constitution Governor has
given the power to summon the house from time to time as he thinks fit. Though
the sentence ‘as he thinks fit’ is debatable, that whether it is as per
governors own discretion or as given advise by the council of ministers, as
defined u/a 163(1) that the council of the minister to aid and
advise Governor. But the governor has some power to make a decision as per his
own discretion which will be then final as given under article 163(2).
Ashok Gehlot has requested twice the governor
Kalraj Mishra for calling the House for a floor test, but the governor rejected
it by giving one or the other reasons of Covid-19. Ashok Gehlot believes that
even if Pilot rebel against his government still he has enough MLA to his side
which will support the government to stand and Pilot will have to lose from its
chair of MLA along with other rebels.
To which
ruling party’s MLA protested outside the Raj Bhavan for governor’s
non-compliance with the government request. Even BJP is afraid to call for the
floor test as they even know that they are not in the position to form the
government. Whereas the Gehlot want to call the floor test.
[Governor of Rajasthan: Kalaraj Mishra]
11 August
The meeting held between Sachin Pilot with
the Rahul Gandhi and Priyanka Gandhi and declared that he is not leaving the
party. He says that he never left the Congress so there is no point of homecoming as such.
And also, that the centre high command has guaranteed a solution for the
problem and a committee will be set up. It is a fight for respect for him and
his supporters which he deserves – Pilot addressed to the media.
His objectives seem to have not been
achieved as he was not successful in anticipating and underestimated the
political acumen of Ashok Gehlot. The Party showed that Ashok Gehlot has more
support than Pilot in the eyes of high command. And the stature of Pilot has
reduced in the party because of this move.
69 years old Ashok Gehlot proved that he
is indispensable for the Congress party and have enough firepower to take on
rivals both inside and outside of the party. Pilot in the future claims for the
post of CM seat in the future election, he does not hold enough MLAs for the
same. Such a push back was unexpected even considering all of Gehlot’s
experiences and abilities. The situation is yet not completely stable in
Rajasthan and the time will tell what will happen next.
Also read - What is Red light and Green light theory in Administrative Law
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