MilSpec
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I dont think BJP is as helpless as you potray.BJP can't do much since any sane person can see they are NOT in goverment .
Modi is a capitalist ,He talks about Less government and is the ONLY leader who does so .
I don;t know what exactly is congress gameplan with these leader but something looks fishy since congress has nothing to loose.
If they are not in governement it should still not stop them from going to court against the minister...
And if both bjp and congress are unwilling to do so, even you can file a RTI the dealings that you are so sure of, or file a PIL against such leaders.