The Congress, on Friday, criticised Rajasthan Governor Kalraj Mishra for the delay in convening an assembly session as requested by the Ashok Gehlot government saying governors are no longer protectors of Constitution but are playing a role in toppling elected governments.
Even as Chief Minister Gehlot dug in his heels and was sitting on a dharna at Raj Bhavan in Jaipur demanding that the assembly session be convened, the party has indicated that it is keeping the legal options open with regard to the governor's stance, which means that the matter could be taken to the Supreme Court.
“Last evening, the Rajasthan cabinet decided that an assembly session be called. A letter was sent to the governor for a notification to be issued in this regard. However, the governor has not called the session yet,” said senior Congress leader Kapil Sibal.
Sibal, who is representing the Rajasthan assembly speaker in the Supreme Court in the matter of the disqualification notices served on Sachin Pilot and 18 other rebel party MLAs, said the governor is bound by Constitution to convene a session of the assembly whenever the state cabinet recommends it. He said there are Supreme Court decisions stating that the governor cannot delay convening of the House.
“Today, the definition of democracy has changed. Governors are no longer protectors of Constitution. They are helping topple elected governments,” he said.
Sibal was also critical of the Rajasthan High Court's order placing a status quo on the disqualification notices served on the rebel MLAs by the assembly speaker, saying high courts are going against decisions of the Supreme Court and disregarding precedent. “I regret to say this, but I feel lawyers should take off their robes and take up some other vocation. What is the point of our arguing in court when the defenders of law do not protect their own judgments,” he said.
On the question of whether the Supreme Court would be approached with regard to the governor not convening the assembly session, Sibal said, “we will pursue whatever legal proceedings we have to.”
In the backdrop of the high court order, which was seen as a victory for Pilot, Sibal threw a series of questions at him, asking him what his grievance was and if it was all about becoming chief minister.
Sibal said he wanted to remind Pilot of all that he got at a very young age in the Congress. “You were 24 years old when you came into politics in 2003. In 2004, you fought an election and became Member of Parliament. You were made a minister in 2009. In 2018, you were made deputy chief minister and you were given five to six portfolios. So what do you want? Do you want to become chief minister?”.
“You say there are 20-30 MLAs with you. How can you become chief minister with the support of 20-25 members?” Sibal said.
“You say you are in the Congress and yet you do not attend Congress meetings. You say you do not want to join the BJP, then why are you sitting in Haryana?” he asked.
