May convene Rajasthan Assembly at short notice for floor test: Rajasthan Governor

The suggestion figures in a note sent by Mishra while returning for a second time — Ashok Gehlot Cabinet’s recommendation to call a session.

The governor asked the State government to draft a fresh proposal, addressing three points. His note said a session can be called if the government agrees to give a 21-day notice. But it also made clear that the notice can be shorter if the agenda of the sitting is to hold a floor test, which the Congress has indicated that it wants but has not specified in its proposal.

Mishra’s second point is that the state government should undertake to broadcast live the proceedings of a floor test, if it takes place.

It should also ensure precautions during the proposed Vidhan Sabha sitting against the spread of coronavirus, his note said.

Besides, Gehlot has spoken to Prime Minister Narendra Modi over the current political situation in the state, while the Congress Legislature Party (CLP) has submitted a memorandum to President Ram Nath Kovind. Gehlot had also written a letter to the prime minister on the matter a few days ago. Meanwhile, the Bahujan Samaj Party has moved the Rajasthan High Court to seek the disqualification of six MLAs who had merged with the Congress last year as Mayawati has opened a new front against the Gehlot government in the State. 

As the stand-off between Rajasthan Governor Kalraj Mishra and the Ashok Gehlot government continues over the convening of the Assembly session, three former Union Law Ministers have written to Mishra on what they called the constitutional impasse and advised him to go by the government request on the matter.

The letter signed by Kapil Sibal, Salman Khurshid and Ashwani Kumar said that “the delay in convening the special session of the Rajasthan Vidhan Sabha as decided and advised by the council of ministers has resulted in an avoidable constitutional impasse.”

All three Congress leaders said that they have been at helm of the Law Ministry in the past and “students” of the Constitution, adding that as per the established legal position Governor is “obliged to call the Assembly session in accordance with the advice of the Cabinet”.

They cited a case decided by the Supreme Court and said that “the position of the Governor, his role and limits, and circumscribed constitutional jurisdiction, have been elaborated by the Supreme Court by its seven-Judge bench judgment in the Shamsher Singh vs Union of India case in 1974 and more recently in the Nabam Rebia case in 2016.”

Governor Kalraj Mishra on Monday returned the file sent by the Gehlot government to request him to allow the convening of the special Assembly session.

It was the second time that the state government had sent a file to the Governor to get approval to its proposal for the session, quoting the COVID situation as the reason for holding discussion.