Congress leaders write to Rajasthan Governor over proposal to convene Assembly Session
Jul 27, 2020
New Delhi [India], July 27 : Former Union law ministers and Congress leaders Salman Khurshid, Ashwani Kumar and Kapil Sibal on Monday wrote to Rajasthan Governor Kalraj Mishra over the proposal to convene the Assembly Session.
"Any deviation from the established constitutional petition in the present circumstances would be an avoidable negation of your oath of office and create a constitutional crisis," the letter reads.
Citing the reason to write the letter to the governor, the leaders said, "We are constrained to write to you in respect of recent developments in the State of Rajasthan concerning the delay in convening the session of Vidhan Sabha as decided and advised by the Council of Ministers. This has resulted in an avoidable constitutional impasse."
"As a holder of a high public office, you are well aware that constitutional functionaries are charged by the oath of their off to vindicate the Constitution in letter and spirit. This obliges the Governor, in accordance with the established traditions of parliamentary and constitutional democracy to defer to the wisdom of an elected Government that expresses the will of the people in a parliamentary democracy," the letter reads.
The Congress leaders said that the office of the Governor envisaged under our constitutional scheme, is above and beyond the constraints and compulsions of partisan politics so that its holder can act freely and fairly to uphold the Constitution.
"Having served as Union Ministers for Law and Justice at different periods of time and as students of constitutional law, we are of the clear view that the established legal position obliges the Governor to call the assembly session in accordance with the advice of the Slate Cabinet," leaders stated in the letter.
Mishra has sought clarification from the state government regarding the proposal of convening the Assembly session, said sources on Monday.
Earlier in the day, the sources said no decision has been taken yet on the Assembly session.
The power struggle in Rajasthan had taken a new turn when the Governor had not heeded the request of the Congress government to convene a session of the state Assembly urgently.
Earlier, Rajasthan Governor's Secretariat had said the state government had presented a proposal to convene the session of the Assembly at very short notice on the night of July 23. The paper was analysed and legal experts were consulted over it, it said.
It said 21-day notice is required for the session to be called according to the normal procedures.
The Congress has accused the BJP of indulging in horse-trading to bring down the Gehlot government. The BJP has rejected the allegations.
