RAJASTHAN POLITICAL CRISIS:MOCKERY OF JUDICIARY

In the recent couple of months  several incident happened in  Rajasthan politics that is totally unconstitutional.The state government accusing the central government for misusing the office of governor and involving their party members in horse trading has made the politics look funny more than ever.But,in all this blame game the constitution and its laws have been misused and presented like it can be toppled by any government in power.The similar incidents have already happened in Madhya Pradesh,Karnataka and Manipur where the opposition government was enjoying the victory unaware of the future.See,defection of MLA is not a new concept,it relates back to Gaya Ram of Haryana who changed his party thrice in course of 24 hours and to prevent such things in future,Anti Defection Law was introduced which has become a toothless tiger.But,in all this the judiciary is being used as a puppet  where it needs to be questioned every time by filing a PIL despite all things written in constitution,let's analysis the events which happened in Rajasthan's politics and how it is unconstitutional.

The rebel MLA'S were facing the disqualification proceedings at Rajasthan legislature and accordingly the anti defection law contained in the tenth schedule of Indian constitution,the speaker of Rajasthan assembly was supposed to take a call on disqualification of of rebel MLA but even before the speaker could take a decision the Rajasthan high court stepped in and on the basis of petition filed by Sachin Pilot camp,it has ordered the speaker to maintain the status quo with regard to the disqualification proceeding,basically judiciary has intervened in matter of disqualification on ground of defection even before speaker of house took a decision on it.In several cases it has been made very clear by Supreme Court that judiciary shall not intervene in matter of disqualification on the ground of defection before the preceding officer of the house has made his decision.

The governor of the state function as constitution head of the state and it play a key role in governance of state and maintaining a political stability in a state as a result of constitutional duty placed on governor and his function crucially link between central government and state government.See,the issue is rebel MLA's have expressed there sense of no confidence in the government.The stability of state government has come under question but the CM of state has claimed that he has the necessary number to prove his majority and hence, he asked the governor for immediate floor test,that is for the test of confidence on the floor of house but despite the advise of CM,who heads the council of minister,the Rajasthan governor has failed to summon the session and he has been delaying the floor test,this leads to allegations that the delay is intended to buy time to opposition,BJP to indulge in horse trading inorder to bring down democratically elected state government.This delay on the part of Rajasthan governor to call for a floor test despite the advise of council of minister goes against previous ruling of Supreme Court,because in several cases SC has made it very clear that when it comes to summoning an assembly session the governor of the state does not enjoy discretionary power,infact as mandated by constitution the governor is bound by the aid and advise of council of minister.

So,the case of Rajasthan governor delaying the floor test and citing several reasons does not stand the test of constitution and judicial scrutiny.But,in contrast in MP we saw that governor was in hurry to conduct the floor test without providing the ample opportunity for the incumbent government.So,such contradictory behavior of governor and courts has questioned the constitutional laws and its enforcement.

Today,it is BJP who seems to topple the office of state governor and topple state governments.Back in 1960 and 1980 it was the congress which was  famous for using the office of governor for toppling the state government.This is clear contempt of court but no one has filed a PIL yet to remind supreme court of breach of there orders.Here,the judiciary has just contracted to a PIL thus making mockery out of it.