Sunday, July 26, 2020

A Timeline of Political Instability in the Indian state of Rajasthan

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Vanshita Banuana

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A Timeline of Political Instability in the Indian state of Rajasthan

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Global Views 360

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July 26, 2020

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Sachin Pilot and Ashok Gehlot after Victory in Rajasthan Elections

Sachin Pilot and Ashok Gehlot after Victory in  Rajasthan Elections | Source: Dushyant Singh via Flickr

A recent political crisis in the Indian state of Rajasthan has brought with it a storm of internal instability. Perhaps the biggest question on the mind of most political analysts and politicians, amidst this, is the anticipation—or hope— that Sachin Pilot, ex-Deputy Chief Minister of Chief Minister in Rajasthan, will announce his departure from the Indian National Congress (INC) and join the Bharatiya Janata Party (BJP). The central BJP government has garnered quite a reputation for toppling state governments in regions where the oppositional party Congress forms the majority.

But focusing on the BJP might be taking everyone’s eyes away from the big picture: a story that is, for now, about more than possible BJP interference. Consider what the crisis tells the citizens of India about Congress’ national and state level handling of ‘political drama,’ as the series of events continue to unfold.

July 10, 2020: Pilot is summoned by the Special Operations Group (SOG) of the Rajasthan Police in regards to an FIR registered against him on an alleged attempt to dislodge the Gehlot government in recent Rajya Sabha polls through horse-trading; however, the root of discord may have been sown long before that.

July 11, 2020: The Chief Minister (CM), Ashok Gehlot claims the BJP is trying to overturn his government by bribing MLAs.

July 12, 2020: The Dy Chief Minister, Sachin Pilot claims 30 MLAs have ‘pledged support’ to him, making the present government a minority. Ashok Gehlot responds by claiming it has 109 MLAs; Pilot seen with BJP leader Jyotiraditya Scindia in Delhi as he and his supporters move in and around Delhi and Gurgaon.

July 13, 2020: INC issues whip for Congress Legislature Party (CLP) meeting at CM’s residence where it passes a resolution to support Gehlot and take disciplinary action against MLAs and office-bearers who ‘weakens party’; Congress also says that ‘doors will remain open’ for Pilot and his aides; Pilot does not attend the meeting, and those who do are transported to Fairmont Hotel in Jaipur to avoid any ‘potential crossover.’

July 14, 2020: INC calls for a second CLP meet, which is once again not attended by Pilot; Pilot is removed from his positions as the Deputy Chief Minister and President of State Congress Committee of Rajasthan, along with 18 other MLAs who supported him; a plea is filed in Rajasthan High Court against the disqualification notices; 2 MLAs from Bhartiya Tribal Party (BTP) withdraw support from Congress, but hand over letters of support to Ghelot four days later on July 18; the BJP demands a floor test, but later denies this claim.

July 15, 2020: Pilot confirms he is not planning to join the BJP.

July 16: News of leaked audio tapes start surfacing, reportedly proving a conspiracy to topple the Gehlot government; FIRs are lodged.

July 17, 2020: Harish Salve, representative of ‘Pilot camp’ in Rajasthan HC, argues that the rebel MLAs have not resigned, yet they were issued disqualification notices under Paragraph 2(1)(a) of the Tenth Schedule, which is only applicable in case of resignation; 2 rebel MLAs are suspended by Congress over their alleged involvement in leaked audio tapes; an arrest is made by SOG in regards to horse-trading probe and leaked audio tapes.

July 18, 2020: BJP levels allegations of phone tapping and demands Central Bureau of Investigation (CBI) probe in relation to leaked audio tapes; two days later the Rajasthan Government notifies via circular that it has revoked general consent to CBI that is needed for investigations, and consent will now be sought on a case by case basis.

July 19, 2020: SOG reaches Manesar to question one of the rebel MLAs claimed to be named in leaked audio tapes; Gehlot forms probe to investigate audio tapes.

July 20, 2020: Giriraj Singh Malinga, a Rajasthan MLA from INC, claims that he was offered Rs. 35 crore by Pilot to join the BJP, Pilot responds by saying he is ‘sad but not surprised’ at what he considers to be fabrications intended to damage his reputation; Ghelot remains convinced that Pilot is ‘hand in glove’ with the BJP; meanwhile in Rajasthan High Court, the judges observe that a whip cannot be issued with respect to a party meeting, but only for an Assembly session.

July 21, 2020: Hearing of petition ends, Rajasthan High Court says it will announce the verdict on July 24 and the Speaker cannot act on the disqualification notices until then; Third Congress Legislature Party begins at Fairmont Hotel.

July 22, 2020: Rajasthan Speaker CP Joshi moves Supreme Court in order to challenge the stay order of the High Court.

July 23, 2020: SC allows Rajasthan HC to continue passing orders as scheduled; says it will begin hearing the Speaker’s plea from July 27.

July 24, 2020: Rajasthan HC orders that a “status quo” be maintained and defers its judgement until SC makes a decision; Speaker will not be allowed to act on disqualification notice until both courts pronounce their verdicts; Rajasthan HC allows the Union of India to be made a party in the case; ‘Gehlot’s camp’ organise a dharna at Raj Bhawan demanding an Assembly session, and Gehlot meets Governor Kalraj Mishra regarding the same.

As the situation gets more complex and drawn-out, the question of the BJP government’s involvement is still up in the air. The crisis currently presents itself as a mishandling on Congress' part at the state and national level, perhaps stemming from younger leaders not seeing eye-to-eye with the veterans.

The insatiable hunger for power by any means displayed by the BJP- despite its claims of non-involvement- in seeing the current government toppled cannot and should not be overlooked. Speculations run abound, and at the end of the day it might just be up to the citizens to peer through the fog and infer for themselves the roles and intentions of the embroiled parties.

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February 4, 2021 4:39 PM

Bedrock of US Democracy: Checks and Balances of Governing Branches

When the American Revolution ended in 1783, the United States Government was in a state of flux. The founding fathers (George Washington, Thomas Jefferson, Benjamin Franklin, John Adams, Alexander Hamilton, John Jay, and James Madison) did not want to establish another country that was ruled by a king. The discussions were centered on having a strong and fair national government that protected individual freedoms and rights and did not abuse its power. When the new Constitution was adopted in 1787, the structure of the infant government of the United States called for three separate branches of government, each with their powers and systems of checks and balances. This would ensure that no one branch would become too powerful because the other branches would always be able to check the power of the other two. 

The legislative branch is described in Article 1 of the US constitution. It has 100 US senators (two for each state), and 435 members in the House of Representatives, which is better known as the US Congress. Making laws is the primary function of the US Congress, but it is also responsible for approving federal judges, US Supreme Court justices, passing the national budget and declaration of war.

The executive branch is described in Article 2 of the US Constitution. The leaders of this branch of government are the President and the Vice President. They are responsible for enforcing the laws the Congress sets forth. The President works closely with a group of advisors known as the Cabinet. They assist the President in making important decisions within their areas of expertise, like defense, the treasury and homeland security. The executive branch also appoints government officials, commands the armed forces, and meets with leaders of other nations. 

The third branch of the US government is the judiciary and is detailed in Article 3. This branch comprises all the courts in the land, from the federal district courts to the US Supreme Court. These courts interpret the nation's law and punish the ones who break them. The Supreme Court settles disputes amongst states, hears appeals from states and federal courts and determines if federal regulations are constitutional. 

Separation of powers in the United States is the backbone of the Checks and Balances System which provides each branch of the government with special powers to check the other branches and prevent any branch from becoming too powerful. Congress has the power to make laws; the President has the power to veto them, and the Supreme Court may declare the laws as unconstitutional. If both the houses of the Congress have a ⅔ majority, they can override the President's veto. The idea of checks and balances is that it is not enough to separate the powers and guarantee the independence of three branches but also that each branch needs to have the constitutional means to protect the system in case of overreach by any other branch. 

 The Check and Balances system also provides the branches with special powers to appoint or remove members from other branches. Congress (Senate and House of Representatives) can impeach or convict the President of high crimes like bribery or treason. The House of Representatives has the power to bring impeachment charges against the President, and the Senate can convict and remove the President from office. Supreme Court candidates are appointed by the President and confirmed by the Senate. Judges can also be removed by impeachment in the House of Representatives and conviction in the Senate. 

The legislative branch, which consists of the Senate and House of Representatives, passes bills, controls the federal budget, and has the power to borrow money on credit on behalf of the United States. It also has the sole authority to declare war, as well as to raise and regulate the military. It oversees, investigates and makes rules for the government and its officers. The Senate can ratify treaties signed by the President and give advice and consent to presidential appointments to the federal judiciary, federal executive departments and other posts. It also has the sole power of impeachment (House of Representatives) and trials of impeachment (Senate). 

The executive branch consists of the President and the Cabinet. The President is the commander-in-chief of the armed forces, executes the instructions of the Congress, may veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses), perform the spending authorized by the Congress, declare emergencies and publish regulations and executive orders. They make executive agreements which do not require ratification and sign treaties, which require approval by the ⅔ of the Senate. They also have the power to make a temporary appointment during the recess of the Senate and can grant "reprieves and pardons for offenses against the United States, except in cases of impeachment."

The Judiciary determines which laws Congress intended to apply in any given case, exercise judicial review and review the constitutionality of laws, determines how Congress meant the law to apply to disputes and determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process.

The system of Checks and Balance was designed and implemented by the founding fathers with such diligence that even after more than 225 years, it is still effective in preventing undue outreach by one of the three branches.

Note: Sites that have been referred to: 

  1. https://www.law.cornell.edu/wex/separation_of_powers_0
  2. https://avalon.law.yale.edu/18th_century/fed48.asp
  3. https://www.britannica.com/topic/Congress-of-the-United-States
  4. https://www.britannica.com/topic/House-of-Representatives-United-States-government
  5. https://www.britannica.com/topic/Constitution-of-the-United-States-of-America
  6. https://www.britannica.com/topic/executive-government
  7. https://www.britannica.com/topic/checks-and-balances
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