Earlier, every conceivable constitutional functionary has been roped in to resolve the Rajasthan political quagmire. But an elegant solution has eluded them all. This is most unfortunate because of the long-term implications of such machinations for democracy in India. The time tested practice requires a government with doubtful majority to quickly face a floor test. Yet this precedent has been sufficiently muddled in Rajasthan by all concerned. Rajasthan governor Kalraj Mishra, a BJP veteran, has stipulated a 21-day notice period for summoning the assembly amid the Covid pandemic but has indicated shorter notice if the government intends to prove its majority.

Congress, earlier angling for a quick floor test, has instead pressed the governor for a special assembly session to discuss the pandemic. This was a stupefying of stance after claiming the support of 101 members in the 200 strong house. Perhaps, the wafer thin majority with the possibility of more desertions influenced chief minister Ashok Gehlot. The 19MLA Sachin Pilot camp has stalled Speaker CP Joshi’s disqualification notice. But the two week long Manesar sojourn has solidified perceptions that their dissent has morphed into defection.

BJP would prefer to keep the Congress rebels in play until the floor test; otherwise with just 72MLAs and 3 allied legislators it remains a bridge too far to oust Gehlot. This would explain BJP’s interest in the Pilot camp’s high court legal battle. The political crisis could not have come at a worse moment. Rajasthan logged 1,000 daily Covid cases for the first time last Saturday, with the trend solidifying in subsequent days. Demand for MGNREGA work has witnessed a steep rise pointing to massive rural distress and the need for responsive governance.

While political preoccupations and the plight of ordinary citizens often seem to exist in parallel universes in India, that divide has stood out starkly in this crisis ridden year. Conflicting personal ambitions of a CM and his deputy led Rajasthan to this pass. Leaked audio tapes alluding to money on offer to defecting MLAs mar the opposition BJP’s record too. The constant spectacle of horse trading in MLAs and MPs has prevented India from joining the ranks of mature democracies, where elected representatives enjoy freedom to diverge from their political parties on policy issues. As of now, the floor test is the quickest route to end the agony of all concerned. Though delayed it is being held now.

The political turmoil in Rajasthan has, once again, shone unflattering light on the office of the governor. Governor Kalraj Mishra stalled the Ashok Gehlot government’s recommendation for an assembly session. A few days ago, he vetoed the state government’s proposal for a floor test

Articles 163 and 174 of the Constitution deal with the governor’s role in convening an assembly session. The latter gives Raj Bhavan the power to summon, “the House or each house of Legislature to meet at such time and place as he thinks fit.” However, the Supreme Court has removed any confusion that might arise over the governor’s discretion in the matter.

Charges of blatant politicization of the gubernatorial office became more frequent. In 1994, the Supreme Court’s landmark Bommai judgment sought to curb the misuse of Article 356 to unseat state governments led by parties opposed to the ruling party at the Centre, and laid down clear limits of the governor’s authority. However, the trend of governors exceeding their brief in the formation and bringing down of governments has persisted.

The governor’s role has been questioned at least six times after the Narendra Modi’s government assumed office – the Supreme Court has been called to intervene in three occasions. These interventions have meant that however politically murky Rajasthan’s crisis might be, its legal and constitutional aspects are lucid. Against the backdrop, the Rajasthan Governor’s procrastination in convening the assembly session only confirms the widely held impression that the high office may be taking its cues from the Centre, not the Constitution.

A few days ago, the governor vetoed the state government’s proposal for a floor test. The governor has said that “the Raj Bhavan has no intention of not calling an assembly session” and asked the state government to submit a fresh proposal. But his repeated queries and the delay in convening the assembly – citing the COVID situation, among other reasons – invite questions about his commitment to play by the book in a scenario in which neither of the leading players seems to be playing with a straight bat. By all accounts, the chief minister himself has vacillated in the last few days on the question of the floor test.

Articles 163 and 174 of the Constitution deal with the governor’s role in convening an assembly session. The latter gives Raj Bhavan the power to summon, “the House or each house of Legislature to meet at such time and place as he thinks fit.” However, the Supreme Court has removed any confusion that might arise over the governor’s discretion in the matter. Accusations of political partisanship, or failure to abide by the letter and spirit of the Constitution, have for long dogged the governor’s office. But it was in the 1980’s and 1990’s when it became common for individuals still in active politics to be ensconced in Raj Bhavans, that charges of blatant politicization of the gubernatorial office became more frequent.

In 1994, the SC’s landmark Bommai judgment sought to curb the misuse of Article 356 to unseat state governments led by parties opposed to the ruling party at the Centre, and laid down clear limits of the governor’s authority. However, the trend of governors exceeding their brief in the formation and bringing down of governments has persisted. The governor’s role has been questioned at least six times after the Narendra Modi’s government assumed office – the Supreme Court has been called to intervene in three occasions. These interventions have meant that however politically murky Rajasthan’s crisis might be, its legal and constitutional aspects are lucid. Against the backdrop, the Rajasthan Governor’s procrastination in convening the assembly session only confirms the widely held impression that the high office may be taking its cues from the Centre, not the Constitution. (IPA Service)