In a sharp criticism of the Rajasthan High Court order that stayed the Rajasthan Assembly Speaker’s disqualification notice to dissident lawmakers of the party, and of Governor Kalraj Mishra refusing to act on the advice of the State government, former Law Minister and senior Congress leader Kapil Sibal on Friday said the country is “witnessing a new definition of democracy”.
He said if High Courts start ignoring orders passed by a Constitution bench of the Supreme Court, then “lawyers could well take off their robes”.
Mr. Sibal also accused Governor Mishra of “acting at the behest of the Centre and abdicating his constitutional duty”.
The former Union minister also charged rebel Congress leader Sachin Pilot of making a tamasha (mockery) of the party in public.
“There is today a new definition of democracy and a new way of functioning of Governors of States in this country. Governors are supposed to uphold the Constitution and the laws, but Governors in this country are acting at the behest of the Union government,” Mr. Sibal told reporters at a virtual press conference.
“Governors are no longer protectors of the rule of law, but they are protectors of the party in power,” he added.
“If Governors are going to flout the law and if the courts are not going to accept precedent, then why are institutions being set up? Why did our forefathers set up these institutions?” Mr. Sibal asked.
He claimed that Friday’s Rajasthan High Court order overturns an order of the five-judge Bench of the Supreme Court that made it clear that courts cannot interfere in a disqualification petition prior to the Speakers’s decision.
“You are trying to create a situation where Constitutional authorities’ hands are being tied by virtue of court orders against the orders of the Supreme Court of India. So, should we now just give up law? Maybe it’s time for us to just take off our robes and say forget it, why practise in a court of law,” Mr. Sibal said.
Several Congress leaders took to Twitter to slam the Bharatiya Janata Party (BJP) for “trying to topple a democratically elected government”.
“The country is ruled by the Constitution and law. And governments are formed by the majority mandate of the people. BJP’s conspiracy to topple the Rajasthan government is clearly visible and it will be an insult to the 8 crore people of Rajasthan. The Governor should convene the Assembly and let the people of the country know the truth,” former Congress President Rahul Gandhi tweeted on the Rajasthan crisis.
