Jaipur: Former law ministers Salman Khurshid, Ashwani Kumar and Kapil Sibal have written a letter addressed to the Governor of Rajasthan, Kalraj Mishra, making it clear that law requires the Governor to call an Assembly session.
The letter refers to the recent political crisis in the state, leading to the delay in convening the session of Vidhan Sabha as decided by the Council of Ministers. It has been stated that the situation has resulted in “an avoidable constitutional impasse.”
It has further been stated that as per established conventions of the Constitution, principles of parliamentary democracy, the relevant Articles of the Constitution and authoritative pronouncements of the Supreme Court, the Governor is bound to act on the aid and advice of the Council of Ministers in the matter convening the State Assembly. The seven-Judge judgment in the case of Shamsher Singh vs Union of India has been cited where the position of the Governor, his role and the limits of his circumscribed constitutional jurisdiction have been elaborated by the Supreme Court.
It has also been stated that having served as Union Ministers for Law and justice at different periods of time and as students of constitutional law, they are of the clear view that the established legal position obliges the Governor to call the Assembly session in accordance with advice of the State Cabinet.
“Any deviation from the established constitutional position in the present circumstances would be an avoidable negation of your oath of office and create a constitutional crisis,” stated the Former law Ministers.
Read the letter here;
– India Legal Bureau