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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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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