It questioned the role of governors in Goa and Manipur and whether the Supreme Court erred in appreciating the unequivocal constitutional position that the single largest party is invited first to form a government.
Congress chief spokesperson Randeep Surjewala also alleged that it is clear that Prime Minister Narendra Modi's brand of "new India" is founded on "defections rather than elections" and noted that democracy has been a casualty in this charade orchestrated by the BJP in Goa and Manipur.
Surjewala said this "trend of destabilising and toppling legitimately elected governments initiated by BJP and pre-empting formation of duly-elected party formations by using money and muscle power is disturbing and constitutes a direct threat to the very foundation of our nation".
"In a liberal democracy that rests on the will of the people, the means to an end is as important as the end itself. This is not an affront to the Congress party but to India's democracy. Each one of us needs to rise up to meet this diabolical challenge," he said.
"I can only hope that tomorrow, in the vote on the floor test in Goa Assembly, the aspirations of people of Goa, the hopes of people of Goa are not dashed to the floor.
"The Congress party will do everything in its power but within the legalities of the Constitution and the rule of law to ensure that sentiments and popular vote and mandate of people of Goa defeats the sinister design of BJP," she said.
(Reopens DEL 81)
Dev also challenged Jaitley and asked him to correct the facts stated by him in his blog yesterday.
She said after Jaitley set the narrative that the Congress "complains too much", she said she is "pained" that in J&K election, the National Conference having 28 MLAs had said that they are not staking claim.
In Jharkhand too, she said when Shibu Soren was invited with other parties to form a government, democracy prevailed as he did not succeed in the floor test.
"There is absolutely no doubt that constitutional convention is to first invite the single largest party where there is no pre-poll alliance, to invite the single largest party where there is a post-poll alliance," she said.
"It has become an inherent habit in BJP that by speaking lies a hundred times or hammering the lies, they think they convert it into facts and the truth which is not the case," she said.
To a question on some leaders resigning from the Congress party and also about organisational elections, she said she does not think resignation is the answer to what has unfolded in the results of five state Assembly elections.
"I would say that if a general secretary resigns, I think, we should applaud him from doing that. We should not deplore him from doing that but having said that it cannot work as en-masse formula in the AICC or PCC to resign.
She claimed that the Congress has proved that Prime Minister Modi's 'Congress-Mukt Bharat' slogan has failed, as a consequence of the results of five assembly elections.
Meanwhile, Surjewala also said, "Abduction, defection, inducement, intimidation and polarisation characterise the vision for 'New India' under Mr Modi."
The Congress leader said the BJP's argument that the governor was not obliged to invite the single largest party to form the government is not only specious but demonstrates a lack of understanding of settled legal principles as a 9-judge constitutional bench of Supreme Court in S R Bommai vs. Union of India case has categorically laid down criteria.
"If 'majority mandate' is to be tested on 'who rushed to the Governor first', we would be setting a dangerous precedent where governors would play the 'black magic' of converting 'minority' into 'majority'. This would turn the constitutional obligation of the governors under Article 164 on its head," he said.
