Democracy wins for Congress after SC verdicts on Maharashtra, Delhi

New Delhi: The Congress on Thursday described the Supreme Court's verdicts on the Maharashtra political row and Delhi government's powers as "seminal" and "path-breaking", and said it is a slap on the BJP which has lost legally, morally, politically and ethically.

"The unholy, undemocratic and ugly nature of the BJP's underbelly and back-belly has been exposed," senior Congress leader and spokesperson Abhishek Singhvi told a press conference here.

His comments come on a day the apex court ruled that Eknath Shinde will continue as the chief minister of Maharashtra as it said that it cannot restore the then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray as he resigned without facing the floor test in June last year.

In a crucial verdict, the court also said that the Delhi government has legislative and executive powers over administration of services, except for public order, police and land, handing a huge victory to the ruling AAP dispensation in its festering feud with the Centre.

Singhvi said the Maharashtra verdict was a victory of the state and the Constitution, while that in Delhi was a big win for democracy as the state government was accountable to the people of the city.

He called upon the Maharashtra Assembly Speaker to decide expeditiously on pending petitions relating to the disqualification of MLAs from the state, while asserting that if they are not decided within a reasonable time, they will challenge it in the Supreme Court again.

"We have today two historical, colossal judgments by the Supreme Court. They are judgements which have exposed the unholy, undemocratic and ugly nature, the underbelly and the backbelly of the BJP. Today the BJP has lost on many fronts - legally, morally, ethically and politically. The verdict is a slap on the party's antics," he said while describing the two judgements as "path-breaking and seminal".

"In particular, for the people of Delhi, Delhi will not be run by a nominated Lieutenant Governor (L-G) or an LG-controlled bureaucracy, but Delhi will be run by a representative democracy," he noted.

On why relief was not given by restoration of status quo ante in Maharashtra, the Congress leader said that is a wrong way to approach that judgement as all relevant legal findings on Maharashtra case were in favour of the petitioners and it has clearly castigated the actions of the then Maharashtra Governor and the Speaker of the assembly.

"That is why legally, morally, ethically and politically, the respondents have lost, even though status quo ante has not been restored," he asserted.

"The whip by the so-called Shinde faction was held to be illegal, the recognition by that illegal whip by the Speaker was itself illegal. Thirdly, the Speaker's recognition of the entire Shinde faction was held to be illegal.

"Further, it is held that whips have to be that which is by a political party and not by a group of legislators, the so-called legislative wing. Finally, the entire Governor's decision has been declared illegal on the ground that it lacks relevant objective material. What more is left. Such high personages - Governor, Speaker, the current chief minister's faction, all have been castigated by legal findings against them," Singhvi, who argued the case, said.

Congress general secretary Jairam Ramesh said, "Today in relation to the overthrow of Uddhav Thackeray and the MVA Government in Maharashtra the Supreme Court held: Governor's actions were illegal. Speaker's actions were illegal. Chief Whip's actions were illegal." "In the words of my senior colleague, Dr. Abhishek Singhvi, what moral authority is left for the Shinde-Fadnavis regime to cling to power? The double engine sarkar in Mumbai is triply illegal," he said on Twitter.

Ramesh said, "In any case it is a complete moral defeat for the PM and his tactics".

Singhvi said the SC has directed the Speaker must decide pending disqualification petitions expeditiously of legislators who had flouted the official party whip.

"I believe the only game left to be played by those who have no shame, is the game of delay...," he said.

He earlier tweeted, "All substantive findings in our favour. Governor's decision held based on irrelevant considerations. Speaker's recognition is of a wrong whip. Whip is of political party not legislative. DQ petitions must be decided expeditiously. It's a victory for Maha and the Constitution." Commenting on the judgement related to the role of Lieutenant Governor vis-à-vis the elected government in Delhi, the Congress spokesperson said the national capital now "will not be ruled by a nominated L-G or L-G controlled bureaucracy, but by a representative democracy".

He pointed out that unlike other Union territories, Delhi enjoyed a special constitutional status under Article 239, which made it a “special entity”. He said the BJP-nominated L-G was trying to take away from Delhi what had been granted to it by the founding fathers of the Constitution.

He said it was not a political issue, but a constitutional one.

Today, it may be the AAP government in Delhi and tomorrow it may be a Congress or even a BJP government in Delhi with a different government at the Centre, he said, noting that "tt is the question of the autonomy of Delhi, which today’s Supreme Court judgement has restored".

He said it is the victory of autonomy and the victory of the people of Delhi.

"Delhi government is accountable for people of Delhi who elected them in a democracy. Appreciate the emphasis of the Supreme Court on the exclusions (only public order, police and land). A big win for democracy," Singhvi said in another tweet.